Where post-offence conduct — such as messages requesting a complainant to withdraw a complaint and destroy evidence — is plainly capable of being interpreted as showing consciousness of guilt and is a significant part of the evidence, the trial judge must direct the jury against consciousness of guilt reasoning even if the Crown does not expressly rely on the evidence for that purpose. The failure to give such a direction will constitute a miscarriage of justice where there is a real danger the jury applied consciousness of guilt reasoning that may have dispelled a reasonable doubt. There is a difference of view within the Court as to whether a full [name withheld]-type direction or a shorter [name withheld]-type direction suffices in such circumstances.
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