Where a complainant gives evidence via video link from overseas, a proper plan must be in place to avoid the complainant giving evidence through the night due to time differences; failure to do so may occasion a miscarriage of justice if the complainant's obvious tiredness could realistically have affected the jury's reasoning by engendering sympathy and devaluing cross-examination. Judicial comments in summing up that suggest what the jury 'might think' about the significance of a complainant's behaviour, or that deploy rhetorical devices suggesting a defence lacks substance, will occasion a miscarriage of justice where they could realistically have affected the jury's reasoning.
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