A deliberate decision by defence counsel not to call alibi evidence does not establish a miscarriage of justice unless the applicant can exclude any reasonable explanation for the decision consistent with there not having been a miscarriage. Where alibi evidence is focused on a specific date but the complainant's evidence is imprecise as to date, counsel's decision not to pursue the alibi may be a reasonable forensic choice. The evidence of one complainant in sexual offence proceedings may be admitted as similar fact evidence on the trial for offences against another complainant where the similarities in the accounts are more significant than the differences, even where the counts involving the other complainant have been severed.
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