A trial judge should be slow to refuse a joint application by prosecution and defence to correct erroneous evidence, particularly where the error is prejudicial to the accused. A jury charge that provides examples of pathways to conviction but not acquittal, and fails to adequately refer to the defence case, does not comply with s 65(b) of the Jury Directions Act 2015. Individual errors at trial that may not independently constitute a substantial miscarriage of justice may do so when viewed cumulatively under the Kotzmann 'aggregate of errors' principle.
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