A trial judge's direction that the jury should consider whether there is 'a reasonable chance on the balance of probabilities' that the accused's explanation is true constitutes a fundamental error going to the root of the trial, as it risks reversing the onus of proof. Where an accused calls evidence of good character, the trial judge must direct on both limbs (credibility and propensity) even if not requested by counsel. Cross-examination of an accused on irrelevant and prejudicial matters (such as associations with prostitutes or failure to pay tax) requires leave under s 112 of the Evidence Act, and failure to obtain leave may constitute a miscarriage of justice, particularly when combined with other errors.
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