Trial judges must not attempt to define or explain 'beyond reasonable doubt' except in two narrow circumstances: where counsel's address calls for remediation, or where the jury seeks additional assistance. When directing juries on a failure to comply with Browne v Dunn, trial judges must exercise great caution and identify alternative possible explanations for the omission, not merely endorse the Crown's submission that the evidence was fabricated. The fact that a prisoner will serve a sentence in protective custody is not a mitigating factor absent evidentiary foundation. When sentencing for historical offences, sentences must comply with Pearce by fixing an appropriate sentence for each offence before considering accumulation, and must not be evaluated by reference to current sentencing expectations.
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