A trial judge's use of a cricket LBW analogy to explain the concept of reasonable doubt constitutes a misdirection amounting to an error of law. Trial judges should adhere to the time-honoured formula and the benchbook model direction on reasonable doubt, and should not attempt to elaborate on or define the concept further unless the jury asks for assistance. Such a misdirection is so fundamental to the right to a fair trial that the proviso in s 668E(1A) Criminal Code cannot cure it.
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