Where a trial judge fails to repeat an element of a correct direction when revisiting a topic in the summing up, this will not constitute material error if the correct direction was contained in a written document before the jury, the earlier direction was clear, and no objection was taken at trial. Where a case is left to a jury on alternative bases, the sentencing judge must find facts beyond reasonable doubt, and the Court of Criminal Appeal will rarely interfere with those findings absent a clear failure to advert to matters clearly established on the evidence.
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