Where a trial involves multiple counts and vague evidence, the trial judge's summing up must descend to sufficient factual particularity to identify the discrete contentions of the defence case, and should remind the jury of the evidence relevant to each count. A summing up that trivialises or has the potential to diminish defence counsel's address may result in a miscarriage of justice warranting retrial. The failure of defence counsel to seek a redirection is not fatal to an appeal on this ground.
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