Directions to a deadlocked jury that introduce legal concepts wholly irrelevant to the issues for determination — such as concepts of the reasonable man, minimum powers of self-control, and community values in a consent-based rape trial — carry a significant risk of being treated as binding directions of law and may constitute a substantial miscarriage of justice. A belated withdrawal characterising such directions as 'pure comments' having 'nothing to do with this case' may be insufficient to cure the vice, particularly where significant time has elapsed during jury deliberations.
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