The appellant appealed his conviction entered by a judge and jury.
During deliberations, the jury asked a question regarding the evidence.
The trial judge had not reviewed the evidence in his charge and failed to identify critical parts of the evidence, such as identification evidence, when answering the jury's question.
The Court of Appeal found this to be a reversible error, particularly because it was not a strong Crown case.
The court declined to apply the curative proviso, allowed the appeal, set aside the conviction, and ordered a new trial.
