Where experienced defence counsel makes a deliberate forensic decision to request that a Longman warning not be given, and the decision is made with a view to corresponding advantage and does not conflict with a rule of law, the trial judge may accede to the request without compromising the fairness of the trial. The applicant in such circumstances has not been denied, but has exercised, the right to a fair trial. However, an unusual request by inexperienced counsel or a request made under a misapprehension may still occasion a miscarriage of justice warranting appellate intervention. Admissions of a continuous indecent relationship in a record of interview are capable of confirming allegations of sexual penetration notwithstanding the accused's denials of penetration. Police questions giving an accused an opportunity to suggest a motive for the complainant's allegations do not contravene the principle in Palmer v R.
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