On a reference under s 672A of the Criminal Code (Qld), the Court must consider the 'whole case' as indicated in Mallard v The Queen. Inconsistency between convictions and acquittals does not render convictions unsafe where rational explanations exist for the different verdicts. Defence counsel's failure to tender peripheral evidence does not constitute a miscarriage of justice where the evidence would not have materially advanced the defence case, applying the TKWJ and Nudd tests.
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