Defence counsel's failure to give due and informed consideration to whether good character evidence should be led at trial — particularly where the client has provided character references to the solicitor and the case turns on uncorroborated evidence — may constitute a material irregularity amounting to a miscarriage of justice, even where the character evidence is not particularly potent. The combination of the solicitor's failure to properly convey the significance of available evidence, counsel's failure to discuss the issue with the client, and the finely balanced nature of the prosecution case was sufficient to establish a miscarriage. An abandonment of appeal based on legal advice shown to be wrong will ordinarily be set aside where reasonable prospects of success are demonstrated.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
1 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.