A prosecutor's description of the defence case as a 'red herring' or 'myth' is inappropriate rhetorical language that should be avoided, but where immediately qualified by an invitation to the jury to assess the evidence, it will not give rise to a miscarriage of justice. An unsupported allegation of collusion between the accused and a witness is improper but can be effectively remedied by a corrective judicial direction. The cumulative effect of multiple instances of inappropriate prosecutorial language must be assessed, but will not constitute a miscarriage where the bulk of the address is a careful analysis of the evidence and the trial judge gives clear and accurate directions.
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