A trial judge's failure to adequately relate evidence to issues or summarise the defence case does not constitute a miscarriage where the trial is short, involves a single issue, addresses and charge occur within a day, the relevant exhibit is available to the jury, and trial counsel was content with the direction given. An error in cumulation does not require resentencing under s 568(4) of the Crimes Act 1958 where the total effective sentence is otherwise appropriate. The proper construction of s 6AAA(2) of the Sentencing Act 1991 in mixed plea/verdict proceedings remains an open question.
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