A prosecutor's invitation to the jury to speculate about matters not in evidence — here, why a child was not placed in the accused's care — constitutes an impermissible attack on character capable of inviting propensity reasoning. Defence counsel's response at trial cannot cure such prejudice where it is itself incorrect and potentially exacerbating; a judicial direction is necessary. Where the trial turns on credibility and the accused gives cogent evidence, such an error will constitute a substantial miscarriage of justice.
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