A prosecutor's closing address that advances a recurring theme unsupported by evidence, encourages circular reasoning leading inevitably to conviction, and distracts the jury from the live issues in the case constitutes a breach of prosecutorial duties capable of giving rise to a miscarriage of justice. Submissions with the capacity to evoke racial prejudice — including metaphors comparing accused persons of a particular ethnic background to African animals and suggestions that persons of that background habitually engage in predatory sexual behaviour — are clear breaches of prosecutorial duties. Trial judge directions that address only some breaches and use terminology unfamiliar to lay jurors (such as 'rhetorical flourish') may be insufficient to cure the prejudice.
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