Where the prosecution relies on an implied admission by silence, the precise allegation or assertion must be put to the accused and the jury — not a fair paraphrasing. The content and specificity of the assertion is critical to determining what, if anything, has been admitted. A failure to respond to an ambiguous or non-specific assertion cannot constitute an admission of specific acts of offending. Trial judges must give directions on both whether a failure to respond can constitute an admission and the use that can be made of any such admission, particularly in 'oath against oath' cases.
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