Where defence counsel has expressly agreed with the trial judge that a particular matter (here, exclusive possession) is not in issue, and has discharged obligations under ss 11 and 12 of the Jury Directions Act 2015 with obvious care, there will be no 'substantial and compelling reasons' under s 16(1) for the judge to give an unrequested direction on that matter, and the accused will be bound by counsel's forensic decision on appeal. The correctness of R v Tran on whether exclusive possession must be proved in trafficking cases remains an open question.
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