A trial judge's summing up need not contain a separate section identifying and summarising the defence case; the obligation to put the defence case fairly to the jury may be discharged in the course of summarising the issues for determination. The question is whether the summing up as a whole, as a matter of substance rather than form, fairly conveys the defence case. The tension between the Germakian and Wong approaches to r 4 leave where the defence case was not put to the jury remains unresolved.
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