A deliberate forensic decision by trial counsel to adduce evidence of the accused's criminal record, made on express instructions and after careful consideration of the risks, does not constitute flagrant incompetence giving rise to a miscarriage of justice, even where the accused is ultimately convicted. The absence of objection at trial to judicial directions or summing up errors will engage Rule 4 of the Criminal Appeal Rules, and leave will be refused where the absence of objection indicates no apparent concern about fairness in the atmosphere of the trial.
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