A deliberate forensic decision by trial counsel to exploit a prosecutor's breach of Browne v Dunn — rather than seeking a discharge or specific direction — precludes the accused from contending on appeal that the breach caused a substantial miscarriage of justice. New evidence of undiagnosed terminal cancer at the date of sentence justifies re-opening the sentencing discretion and reducing the non-parole period, even where the total effective sentence remains appropriate for general deterrence and denunciation. The Drugs, Poisons and Controlled Substances Act 1981 (Vic) does not prescribe a minimum purity threshold for methylamphetamine in a mixture; the relevant question is whether the total quantity of the mixture meets the large commercial quantity threshold.
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