Videotaped evidence-in-chief of Crown witnesses should not become an exhibit and should not be sent to the jury room on retirement. If the jury requests replay, the trial judge has a discretion as to how to accommodate the request, and should give a warning against disproportionate weight. However, a breach of this preferred procedure does not inevitably constitute a miscarriage of justice — the significance of the evidence and the circumstances of the trial as a whole must be assessed. The rule of comity has reduced application to issues of practice and procedure arising from local legislation, particularly where the statutory schemes differ between jurisdictions.
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