The case confirms that an accused is bound by the forensic decisions of trial counsel, including decisions about what evidence to adduce and what directions to seek. Where the defence case was conducted on the basis that prior inconsistent statements were the truth, no additional direction on the use of prior inconsistent statements is required. The disparity ground for co-offenders is assessed within the same framework as manifest excess, asking whether it was reasonably open to the sentencing judge to differentiate as they did.
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