Where the Crown relies on an ambiguous text message or communication as an admission of guilt, and the communication is a major plank in the Crown case, the trial judge must direct the jury that they need to be satisfied beyond reasonable doubt that the accused authored the communication, that it amounted to an admission of the offence charged, and that the admission was true. The failure to give such a direction in respect of an ambiguous admission that is central to the Crown case may constitute a substantial miscarriage of justice, even where defence counsel did not seek the direction. The question whether a Burns direction is required for admissions falling short of full confessions remains unsettled, with the majority and dissent taking different views.
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