A forensic decision by defence counsel to exclude evidence of penetration from a sexual offence trial, where the medical evidence would not be decisive and the evidence was more likely to be damaging to the accused, does not constitute a miscarriage of justice even if contrary to the accused's asserted instructions. The case also provides a comparable sentence of four years imprisonment for maintaining a sexual relationship with a child over approximately seven years involving rubbing of genitalia without penetration, where the offender showed no remorse and was convicted after trial.
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