An appellant alleging miscarriage of justice based on trial counsel's conduct must demonstrate 'flagrant incompetence' and should file material exposing the instructions given to counsel; in the absence of such material, it is extremely difficult to criticise tactical decisions. Legitimate tactical decisions by experienced counsel — including decisions about which issues to pursue and which to abandon — will not meet the flagrant incompetence threshold. A sentence of three and a half years' imprisonment for dangerous operation of a vehicle causing grievous bodily harm to five victims while adversely affected by methylamphetamine is within the appropriate range where the maximum penalty is ten years.
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