A Liberato direction is not required as a matter of law in every case, and the absence of such a direction cannot be relied upon to support a ground that the verdict was unreasonable having regard to the evidence. Where the trial judge directs the jury that if the accused's version could possibly be true they must acquit, this is sufficient to prevent the misapprehension that the Liberato direction is designed to address. The question on an unreasonable verdict appeal concerns the quality of the evidence, not whether the jury might have acquitted if different directions had been given.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
12 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.