Where the Crown disclaims reliance on s 89A of the Evidence Act 1995 (NSW) and does not invite the jury to draw adverse inferences from an accused's failure to mention matters during an ERISP, the trial judge is not required to give an 'anti-s 89A' direction, particularly where standard right to silence and burden of proof directions are given. Trial counsel's failure to seek such a direction, where counsel was aware of the issue, is a strong indicator that no prejudice occurred.
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