A trial judge's failure to raise a statutory alternative verdict under s 115A(1) Crimes Act 1900 before the summing up does not necessarily cause a miscarriage of justice; the test is whether practical injustice resulted to the accused, assessed by reference to whether defence counsel objected, whether the trial would have been conducted differently, and whether the accused's case was a complete denial. Sentences imposed directly applying the standard non-parole period under R v Way must be resentenced following Muldrock v The Queen.
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