A Crown Prosecutor's improper reference to a complainant's lack of sexual experience in closing address, contrary to s 293 of the Criminal Procedure Act 1986 (NSW), does not necessarily require discharge of the jury where the Crown makes a forceful and explicit retraction and the trial judge gives strongly worded directions. The decisions in Munn and Y v Regina do not establish that judicial directions are incapable of overcoming such irregularities; those cases are distinguishable where the Crown took unfair advantage of earlier s 293 rulings and no retraction or direction was given at trial.
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