The amended s 294 of the Criminal Procedure Act 1986 (NSW) does not apply to trials of persons charged before 1 January 2007, even if the trial commenced after that date; a Longman warning was required in such cases. A failure to give any Longman warning, due to an erroneous view of the applicable law, constitutes a miscarriage of justice. Where the evidence is sufficient to support conviction, a new trial will ordinarily be ordered rather than an acquittal directed, even where the appellant has served a significant portion of the sentence.
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