A redirection to a jury that does not expressly identify the earlier erroneous direction, acknowledge it was wrong, direct the jury to disregard it, and clearly restate the correct law is insufficient to cure a misdirection regarding the availability of statutory alternative verdicts. Where a misdirection relates to the mental element distinguishing a charged offence from a lesser statutory alternative, and the jury must have been satisfied of facts proving the lesser offence, the Court of Appeal may substitute a conviction for the lesser offence under s 277(1)(c) of the Criminal Procedure Act 2009 rather than ordering a new trial.
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