A trial judge's summing up is not rendered imbalanced merely because the prosecution's circumstantial case is summarised before the defence response, provided the defence case is adequately addressed subsequently and it is readily apparent to the jury which prosecution matter is being addressed. References to prosecution matters as 'facts' do not vitiate the summing up where the context makes clear the judge is summarising the prosecution case and the jury has been directed that findings of fact are its exclusive province. The assessment of balance in a summing up is ultimately holistic.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.