A trial judge's statement that the issue 'rests on the conflict of the evidence' between prosecution and defence witnesses, combined with the absence of any indication that the judge considered whether defence evidence raised a reasonable doubt even if not positively accepted, creates a significant possibility of Liberato error constituting a substantial miscarriage of justice. The catch-all phrase 'giving - as I do - the appropriate legal directions to myself' is insufficient to cure such an error. The materiality threshold from [name withheld] v The King (whether the error could realistically have affected the reasoning to a verdict of guilty) was applied.
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