Where a trial judge in a joint trial makes impugned references to a co-accused's record of interview in the summing-up, the appellate court may dismiss the ground either by applying the proviso under s 6(1) of the Criminal Appeal Act 1912 (NSW) per Weiss, or by finding no miscarriage of justice under Rule 4 where the jury received repeated clear directions throughout the trial about the limited use of each co-accused's interview. The failure of trial counsel to object at the conclusion of the summing-up remains a reasonably reliable indicator of its fairness and adequacy.
The full text is available to signed-in members, including the 51 later cases that cite this judgment.
13 of the 51 citing cases carry a classified treatment. How each court treated it is available to signed-in members.