The existence of r 4 of the Criminal Appeal Rules and s 99 of the Criminal Procedure Act imposes a duty on counsel to inform the trial judge of all points arising from the summing up that could reasonably give rise to an appeal; unless there is good reason to hold the contrary, it will be inferred that decisions not to raise such matters are taken for sound forensic reasons. Where two inferences as to a common purpose to commit sexual assault 'in company' are equally probable, the aggravating element is not proved beyond reasonable doubt.
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