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This discretion left open to the trial judge was considered by the Court of Appeal in R v Makan juola [1995] 1 WLR 1348. The court provided guidance on the application of the 1994 Act and how the judge should make use of this discretion in his summing-up. The judgment of the Court was given by Lord Taylor of Gosforth LCJ. At pp. 1351-1352, he said:
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Common Room
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