A failure by a judge in a judge alone trial to identify the legal elements of an offence in reasons for verdict does not necessarily preclude the application of the proviso under s 6(1) of the Criminal Appeal Act 1912 (NSW). The nature and effect of the particular error must be evaluated, and where the elements were agreed, the central issue was credibility, and the reasoning on the disputed issues was adequate, no substantial miscarriage of justice will be found. It is preferable for judges in judge alone trials to set out the essential legal elements of an offence in every case, even where uncontroversial. The question whether s 133(2) requires identification of elements as 'principles of law applied' was left open.
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