A Liberato direction will invariably be essential where conflicting versions of events are presented in a criminal trial; directing a jury in terms of a 'choice' between competing versions is erroneous and highly likely to cause a miscarriage. The model Black direction should be given without modification — in particular, the reference to the trial judge's power to discharge the jury must not be omitted. Trial judges should make formal orders under s 54(1)(b) of the Jury Act 1977 (NSW) when permitting jury separation during deliberations, and should direct juries at the commencement of the trial and at appropriate intervals that deliberations must only take place when all members are present.
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