The proviso to s 6(1) of the Criminal Appeal Act 1912 does not arise for consideration unless error at trial has first been demonstrated. The expression 'trial by jury' does not mean trial by an irreducible number of twelve jurors. An Edwards direction is not required where the Crown merely invites the jury to disbelieve the accused's version of facts, as distinct from relying on lies as proof of guilt or corroboration.
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