A trial judge who systematically states each major theme of the defence case and immediately offers counterpoints drawn from speculation or matters outside the Crown case impermissibly enters the forensic arena, even where the Crown case is strong. Such a pattern of intervention constitutes a miscarriage of justice warranting a new trial. Leave under Rule 4 of the Criminal Appeal Rules (NSW) will be granted where the unbalanced summing up deprived the accused of a chance fairly open to him of being acquitted.
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