Where both counsel at trial appropriately address the jury on the permissible use of an exhibit and neither seeks directions from the trial judge, the absence of specific judicial directions on the limitations of experimentation with the exhibit does not of itself occasion a miscarriage of justice. A Crown prosecutor's submission based on what the jury might conclude from handling an exhibit is permissible argument and does not contradict expert evidence where the expert did not express a view on the specific proposition advanced.
The full text is available to signed-in members.