Where the Crown does not call a witness at retrial, no miscarriage of justice arises if equivalent evidence is given by other witnesses and the uncalled witness's evidence is unreliable. Evidence from a complainant's police interview that is referable to both an acquitted count and a count at retrial is not rendered inadmissible merely because the trial judge at the first trial referred to it in summing up on the acquitted count. The established procedure of playing a recording through headphones to a witness and asking whether they adhere to previous testimony remains valid, and the Crown does not split its case by cross-examining the accused on a prior inadmissible self-serving statement where the cross-examination goes to credit only.
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