An error in a written jury document importing objective necessity of force as an element of self-defence under s 271(2) of the Criminal Code (Qld) will cause a miscarriage of justice where there is a real danger the jury treated it as an element, even if the oral summing up was correct. Lay witness opinion evidence about the necessity of force used in self-defence is inadmissible and its admission may contribute to a miscarriage.
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