A Robinson warning need not specifically list the inconsistencies and features of the evidence giving rise to the need for the warning, provided the summing up as a whole, including earlier directions and summaries of evidence, makes clear to the jury the circumstances requiring caution. The adequacy of a Robinson warning must be assessed in the context of the entire summing up, not in isolation. Evidence available at trial but not called due to a justifiable forensic decision by defence counsel is not 'fresh evidence' and will not ground a new evidence application on appeal unless, taken with the trial evidence, it establishes the accused should not have been convicted.
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