A Longman warning has three component parts: the warning itself (it is dangerous to convict), the reasons for the warning (the accused has been prejudiced by delay), and the response to the warning (to carefully scrutinise the evidence). A deficiency in the comments accompanying the warning does not automatically result in a miscarriage of justice if the warning itself was clear and emphatic. It is impermissible for a Crown Prosecutor to address the jury on anticipated judicial directions or to seek to explain, contextualise, or diminish the effect of Longman warnings. Defence opening addresses under s 159 Criminal Procedure Act 1986 (NSW) are limited to identifying matters in dispute and matters to be raised by the accused, and do not extend to argument, submissions on the law, or anticipation of judicial directions.
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