Where the sole issue at trial is the nature of the accused's intent (e.g., intent to kill versus intent to cause grievous bodily harm), and the evidence includes conflicting versions of events bearing on that distinction, the trial judge must independently identify and relate that evidence to the jury rather than merely summarising it through a review of counsel's closing addresses. Defence counsel's failure to seek redirection or express dissatisfaction with the summing up does not preclude a finding of miscarriage of justice.
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