An applicant seeking to adduce fresh evidence on appeal will be bound by the forensic decision of their trial solicitor not to obtain an expert report where the issue was known before trial and a deliberate decision was made not to pursue it. The principles in R v TKWJ apply equally to forensic decisions made by solicitors as to those made by counsel. A trial judge's repeated cautionary directions about a witness's evidence may ground an arguable complaint that the charge was unbalanced and unfair.
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