A trial judge's directions that instruct a jury to consider alternative counts only after resolving the principal count, while imperfect and potentially crossing the line into impermissibly dictating the sequence of deliberation, will not constitute a substantial miscarriage of justice where the case is effectively a single-issue case and all evidence must be considered regardless of the order of deliberation. The preferred approach is to tell the jury they are free to organise their deliberations in any order, but must reach a verdict on the principal charge before returning verdicts on alternatives.
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