The decision confirms that a deliberate forensic decision by trial counsel not to call the accused as a witness, made to avoid forensic risk, does not constitute a miscarriage of justice where it does not result in a material irregularity or the loss of a chance of acquittal that was fairly open. A sentencing judge's failure to refer expressly to s 21A of the Crimes (Sentencing Procedure) Act 1999 by that designation discloses no error where the judge has paid regard to each of the relevant factors.
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