Catchwords

CRIMINAL -- APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION -- APPEAL AND NEW TRIAL -- MISCARRIAGE OF JUSTICE -- PARTICULAR CIRCUMSTANCES INVOLVING MISCARRIAGE -- appeal against conviction -- non-application of "proviso" that no substantial miscarriage of justice has actually occurred -- trial evidence given by complainants was recorded by video but evidence of other witnesses was only available in transcript form -- cross-examination raised matters relevant to credibility -- no independent evidence corroborating or making more likely the complainants’ accusations which were denied on oath

CRIMINAL -- APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION -- APPEAL AND NEW TRIAL -- PARTICULAR GROUNDS -- MISDIRECTION AND NON-DIRECTION -- appeal against conviction -- non-application of "proviso" that no substantial miscarriage of justice has actually occurred -- trial evidence given by complainants was recorded by video but evidence of other witnesses was only available in transcript form -- cross-examination raised matters relevant to credibility -- no independent evidence corroborating or making more likely the complainants’ accusations which were denied on oath

CRIMINAL -- APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION -- APPEAL AND NEW TRIAL -- PARTICULAR GROUNDS -- MISDIRECTION AND NON-DIRECTION -- non-application of "proviso" that no substantial miscarriage of justice has actually occurred -- legal counsel are under an obligation to draw to the judge’s attention any relevant omission in directions given by the trial judge to the jury