An accused who persistently refuses available legal representation falls within the exceptional category recognised in [name withheld] v The Queen and cannot claim a miscarriage of justice from self-representation. A trial judge is not required to conduct a voir dire on the admissibility of a record of interview on the judge's own motion merely because an accused becomes self-represented during trial, absent a clear indication from the accused that admissibility is being challenged. The distinction between R v [name withheld] and cases where the accused voluntarily dismisses lawyers without seeking an adjournment is confirmed.
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