When a complainant's recorded evidence is replayed to a jury during deliberations in a sexual offence trial where the defendant has given evidence, the trial judge must warn the jury against giving the replayed evidence undue weight and must remind the jury of the defence evidence. Failure to do so will constitute a miscarriage of justice where there is no forensic advantage to the defence in not seeking such a direction. A jury's inability to agree on a verdict cannot be equated with an acquittal for the purpose of an inconsistent verdicts argument.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
4 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.