Where the defence case is contained in a record of interview, the trial judge must summarise its contents in the charge and cannot rely on the jury having recently viewed the recording. The judge must ensure balance between the treatment of the prosecution and defence cases, particularly in sexual offence trials where credibility is the central issue. Where a judge comments on a possible explanation for a witness's demeanour favourable to one party, the alternative explanation must be put with equal force. The expression 'guilty mind' should be avoided in favour of the statutory language of s 38(2) of the Crimes Act 1958 when directing on the mental element of rape.
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