When a jury requests to be reminded of a child complainant's pre-recorded evidence, providing a transcript rather than replaying the video may be the course most favourable to the defence where the prosecution has emphasised the complainant's demeanour. While it is preferable to remind the jury of countervailing evidence when providing such a transcript, failure to do so will not necessarily constitute a miscarriage of justice where the trial was brief, the summing up was comprehensive, and the directions adequately identified the need to evaluate conflicting evidence. The inadvertent provision of unrequested transcript material to a jury does not constitute a miscarriage of justice where the material contains no inadmissible evidence and experienced defence counsel does not seek any remedial action.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.