Where prosecution documents are disclosed late during trial but the accused elects to continue the trial rather than accept a discharge of the jury, the accused must demonstrate that the late disclosure could have made a difference to the verdicts in order to establish a miscarriage of justice. The forensic decision to continue, while not absolutely precluding appeal, places a practical burden on the appellant to show actual prejudice. Sentences of six to seven years remain within range for misappropriation of amounts exceeding $300,000 where there is no guilty plea, no remorse, and breach of bail.
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