A trial judge's summing up must be fair, balanced and impartial. The judge must put the defence case to the jury, and must not advance arguments in support of the Crown case that were not put by the Crown Prosecutor, as this is inconsistent with judicial impartiality and denies the defence the opportunity to meet the argument. While individual complaints about a summing up may not alone give rise to appellable error, the cumulative effect of multiple deficiencies may render the summing up so unbalanced as to occasion a miscarriage of justice.
The full text is available to signed-in members, including the 52 later cases that cite this judgment.
17 of the 52 citing cases carry a classified treatment. How each court treated it is available to signed-in members.