The jury may in some cases put two and two together, but it seems to us that the effect of section 58 is such that the balance of fairness between prosecution and defence cannot be maintained unless proper comment is permitted on the defendant's silence in such circumstances.
The jury may in some cases group like things together, but it seems to us that the effect of section 58 is such that the balance of fairness between prosecution and defence cannot be maintained unless proper comment is permitted on the defendant's silence in such circumstances.