The adequacy of a trial judge's directions to the jury must be assessed by reference to the way the trial was actually conducted, not by reference to a hypothetical different trial. Where defence counsel does not seek a particular direction, the Court of Appeal will ordinarily conclude that counsel either did not perceive a risk or decided for forensic reasons not to seek the direction, and will reject grounds of appeal premised on the conduct of a different trial. The Court also signalled an urgent need for legislative reform to simplify the requirements for jury directions in sexual offence cases.
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