A trial judge's criticism of defence counsel's address at the outset of the charge, while not constituting a miscarriage of justice in isolation, may render a conviction unsafe and unsatisfactory when combined with inadequate directions on the reliability of a key witness and other deficiencies, particularly where the conviction depends primarily on the credibility of a single witness. The requirement under s 464A(2)(a) to inform of 'the circumstances of the offence' is of variable content and does not require specification of the mode of penetration where the accused is told the offence is rape.
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