The case confirms that the test for miscarriage of justice through counsel's conduct remains whether there could be a reasonable explanation for the course adopted at trial, not a factual inquiry into counsel's instructions. Evidence of disagreement between accused and counsel over trial strategy is generally inadmissible on appeal. Apparently inconsistent verdicts across multiple sexual assault counts may be reconciled where the factual circumstances of each count differ, particularly where the complainant's words and actions on videotape evidence provided a clear basis for distinguishing between counts.
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