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Missing judge’s summing-up in a jury trial rendered convictions unsafe; convictions set aside and surviving appellants released.
Criminal procedure – jury trials – importance of judge’s summing-up and directions; Incomplete trial record – missing summing-up may render convictions unsafe; Reconstruction of missing record – impracticable after long delay; Remedy – setting aside conviction and considerations for retrial; Delay in custody – may preclude ordering retrial.
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