Where an initial application for leave to appeal has been refused by a single judge with detailed reasons, an applicant who elects to renew the application before the Court of Appeal must demonstrate by reference to those reasons why there would be error if the initial conclusion were allowed to stand. An applicant is bound by trial counsel's forensic decisions regarding non-disclosure that emerged during trial, particularly where counsel used the non-disclosure to tactical advantage rather than seeking a discharge of the jury.
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5 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.