Where the Crown makes use of out-of-court statements by an accused in closing address in a manner that requires further judicial directions, the absence of objection or request for directions by defence counsel at trial does not preclude a finding of miscarriage of justice warranting leave under r 4 of the Criminal Appeal Rules. On the unreasonable verdict ground, difficulties with complainant evidence in historical sexual assault cases — including inconsistencies between complainants, memory problems, and mental health issues — are not necessarily such that a jury acting rationally ought to have entertained a reasonable doubt, particularly where tendency evidence from other witnesses provides significant support.
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