When a jury requests a transcript of evidence 'relating to' a particular topic, the request should be construed broadly and the trial judge should provide the complete evidence on that topic, not merely the portions favourable to the Crown. Providing only the portion of a police witness's evidence containing admissions, without the cross-examination revealing the police officers' opportunities to obtain the information from other sources, is materially unfair. The proviso cannot cure such unfairness where the admissions were an important and highlighted part of the Crown case. Trial judges should give directions on the use of flight as evidence of consciousness of guilt where flight is referred to multiple times in the summing up.
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