A trial judge's direction that admissions are permitted in evidence because it is unlikely an innocent person would make untrue admissions against interest is a misdirection, but where the defence contests only whether admissions were made (not their truth), the misdirection relates to a matter not in issue and may not occasion a substantial miscarriage of justice. The informed forensic decision of defence counsel about which issues to contest is itself an exercise of the right to a fair trial and is highly relevant to the miscarriage of justice inquiry.
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