Section 405AA of the Crimes Act 1900 (now s 99 of the Criminal Procedure Act 1986) permits a trial judge to dispense with summarising the evidence where the trial is short, the issues narrow, counsel consent, and the summing-up otherwise adequately relates the law to the issues. The observations in R v Zorad should not be elevated so as to nullify the statutory power. Where counsel acquiesce in the judge's decision not to summarise the evidence and do not seek redirection, Rule 4 of the Criminal Appeal Rules will ordinarily preclude appellate challenge.
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