Where defence counsel deliberately and strenuously opposes the giving of an Edwards direction at trial for tactical reasons, Rule 4 of the Criminal Appeal Rules will preclude the appellant from raising the failure to give that direction as a ground of appeal. A false alibi relied upon by the Crown as part of the overall case supporting identification evidence, rather than as independent proof of guilt, does not need to be proved to any particular standard of proof. The Court also observed that domestic violence offences require particular emphasis on general and personal deterrence.
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