A trial judge's comment that the absence of eyewitnesses is 'not a particularly remarkable or unusual factor' in a sexual offence case may constitute a substantial miscarriage of justice where the defence case challenges the complainant's account of offending occurring in the presence of others. Comments suggesting it takes 'courage' to disclose sexual abuse should not be made as they bear on the central credibility issue. The term 'disclosure' should not be used in place of 'complaint' when directing juries about complaint evidence, as it connotes the truth of the matters disclosed. Failure to object at trial does not disentitle an appellant to relief where any redirection would have reminded the jury of the unfavourable comment.
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