In sexual assault cases where the primary issue is whether the complainant was 'forced' by threats, the failure to separately direct on the accused's knowledge of or recklessness as to lack of consent does not occasion a miscarriage of justice where the answer to that question would inevitably follow from the jury's finding on the use of force. A Murray direction, while desirable, is not mandatory where the summing-up otherwise makes clear the need to scrutinise the complainant's evidence with care. Leave to appeal on grounds not raised at trial will not be granted unless the appellant demonstrates a miscarriage of justice.
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