Where it is alleged on appeal that trial counsel imprudently conducted the trial, the allegation should ordinarily be made known to counsel, who should be given the opportunity to respond, and any response should be communicated to the appellate court in proper form. If the applicant fails to do so, the court may draw appropriate inferences. An appellate court will be reluctant to find that counsel's failure to cross-examine a witness was negligent rather than a forensic decision, particularly where the cross-examination carried a real risk of being counterproductive. Digital rape carries the same maximum penalty as penile rape and is not to be treated as a less serious offence.
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