Where defence counsel does not seek specific directions at trial regarding a deceased witness's affidavit or alibi evidence, Rule 4 will generally bar those grounds on appeal unless the directions were so fundamental that the trial judge was obliged to give them as part of the duty to ensure a fair trial. Directions referrable to particular facts and circumstances arising from the Crown's address, as opposed to fundamental directions on the law, fall within the trial judge's discretion and need not be given absent a request. Legal aid advisers should carefully assess whether Rule 4 presents an insurmountable barrier before recommending funding of an appeal.
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