A trial judge has an obligation in law to direct a jury that the exculpatory part of a mixed out-of-court statement tendered by the prosecution is evidence on which the jury can act (per Kourakis J, minority on this point). Where the defence case at trial is directly inconsistent with the exculpatory portions of mixed statements (e.g., defendant denies being present at all), the majority held no specific direction on those exculpatory portions is required. Post-trial admissions through counsel at sentencing are relevant to an appellate court's consideration of whether a miscarriage of justice has occurred.
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