A trial judge's misstatement of the prosecution case in a summing up that converts the prosecutor's silence on a factual matter into an assertion of a negative is a minor error that will not ground a miscarriage of justice where the jury had independent access to the evidence (here, CCTV footage) and the overall identification evidence against the accused was strong. Failure by trial counsel to object to such a misstatement, where it falls within category (c) of R v Germakian (no injustice perceived in the atmosphere of the trial), will result in refusal of leave under r 4.
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