Where evidence on a topic has been 'shut down' by agreement between counsel at trial, defence counsel's subsequent reliance on the absence of that evidence in final address may properly be corrected by the trial judge in the summing-up without occasioning a miscarriage of justice. A trial judge's remarks during argument on a discharge application do not constitute a guarantee that defence counsel may make particular submissions in final address, particularly where those remarks are overtaken by subsequent forensic developments. An aggregate sentence that exceeds the longest indicative sentence demonstrates that the sentencing judge has considered questions of cumulation and concurrence.
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