Where the prosecution case depends on expert evidence, defence counsel's advice that the accused is likely to be acquitted without obtaining a defence expert report may constitute incompetent representation causing a miscarriage of justice. A decision by an accused not to obtain an expert report is not an informed decision if made on the basis of incompetent legal advice that the prosecution case is weak when it is in fact compelling. Where a juror is discharged for potential partiality, the trial judge should make enquiries of remaining jurors to determine whether contamination has occurred.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.