A tactical decision by trial counsel not to cross-examine a child complainant about prior unsubstantiated allegations of sexual abuse, made to avoid the forensic risk that the jury might reason 'where there is smoke there is fire', is a rational tactical decision that does not give rise to a miscarriage of justice. Where advice about giving evidence is partly incorrect (regarding admissibility of criminal history) but there are independent sound forensic reasons for the advice not to give evidence, the decision not to testify is not the consequence of being misled and no miscarriage of justice arises.
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