Where a complainant's cross-examination evidence amounts to a complete recantation of evidence-in-chief, the jury's advantage in seeing and hearing the witness cannot resolve the resulting doubt, and the verdict will be set aside as unsafe and unsatisfactory. A trial judge's failure to put the defence case fairly to the jury constitutes a miscarriage of justice even where experienced defence counsel took no exception to the charge.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.