A Longman warning must inform the jury of the specific consequences of delay for the accused's ability to test the complainant's allegations, not merely direct the jury to scrutinise the evidence with care. A bare warning without explanation of the rationale is insufficient. Section 61(3) of the Crimes Act 1958 (Vic) does not preclude a Longman warning where the magnitude of delay prevented proper investigation and defence preparation. Where acquittals on some counts would make a fair retrial on remaining counts practically impossible, verdicts of acquittal should be entered rather than a retrial ordered.
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