The description of Weissensteiner comments as 'rare and exceptional' in Azzopardi v The Queen does not create an additional threshold that must be met before such a comment may be given; it merely describes the practical rarity of cases meeting the established preconditions. A Weissensteiner comment is appropriate where the Crown's circumstantial case satisfies the Peacock test and the accused has peculiar knowledge of additional facts that could explain or contradict the inference of guilt. The fact that the Crown's case relies on a negative inference does not preclude the comment.
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