A trial judge's failure to summarise the evidence in a charge to a criminal jury will ordinarily mean the conviction cannot stand. The conviction will be upheld only where the appeal court is satisfied that, notwithstanding the failure, the jury was able to perform its functions as the due trial process requires. Relevant factors include the compass of the evidence, clarity of the issues, whether exhibits effectively summarised the oral evidence, and whether defence counsel took exception to the charge.
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