In sentence appeals based on counsel incompetence, it is not sufficient to demonstrate that the solicitor's conduct fell below the required standard; the applicant must show that material of real substance was available but not tendered, and that this material could have materially affected the sentencing outcome. A psychological report that provides a fuller but not substantially different picture of the offender's circumstances from what was before the sentencing judge will not satisfy this threshold. The failure to obtain a report on a false basis (here, that the employer would not fund it) constitutes substandard representation but does not of itself establish a miscarriage of justice.
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