The proviso under s 6(1) of the Criminal Appeal Act 1912 (NSW) may be applied where a trial judge fails to direct on the element of knowledge of quantity in a drug supply offence, if the Crown case is so compelling that there is no room for reasonable doubt on the missing element. A direction on good character using the phrase 'less likely to have committed the offence' is not materially distinguishable from the 'unlikelihood of guilt' formulation and does not require any fixed formula.
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