[2001] UKPC 21

A miscarriage of justice would occur where the judge had misdirected the jury in a fundamental respect which resulted in important questions relevant to the jury's verdict not being considered. A defendant was ordinarily entitled to the jury being properly directed on the facts and a Lacuna in the jury's factual consideration could not be filled by findings of an appellate court, unless inevitable.

PC (Trin) (Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Hutton, Lord Hobhouse)

10/04/2001