A trial judge's strong adverse comment on the credibility of a defence witness during summing up does not occasion a miscarriage of justice where the jury is clearly directed that factual determinations are solely for them. Credibility findings on a voir dire can only be set aside in the limited circumstances identified in Fox v Percy, and an applicant who merely seeks to re-argue the factual case put unsuccessfully below assumes an enormous burden of persuasion. Where a video record of interview shows no signs of the accused being overborne, this is supportive of voluntariness.
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