Where an applicant has not given counsel instructions regarding a contradictory account, and the applicant concedes this during cross-examination, the absence of puttage under Browne v Dunn ceases to be relevant and no direction is required. The failure to adduce evidence of good character 'in a particular respect' under s 110 of the Evidence Act 2008 does not result in a substantial miscarriage of justice where the failure is objectively explicable as a rational forensic decision — particularly where character witnesses could have been confronted in cross-examination with admittedly inappropriate conduct by the accused.
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