A trial judge's failure to describe forensic disadvantage from delay as 'significant' in a s 34CB direction does not necessarily occasion a miscarriage of justice, provided the direction otherwise adequately conveys the nature and extent of the disadvantage. Judicial observations that some childhood memories are vividly retained while others fade are permissible without expert evidence. An erroneous direction on propensity use of uncharged acts can be cured by a comprehensive and unequivocal withdrawal.
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