Where the State departs from its particularised case at trial by putting counts to the jury on a materially different basis in closing than previously run, and defence counsel unreasonably fails to object, a miscarriage of justice results. New evidence (property title searches) that contradicts the factual foundation of a complainant's account of when and in what circumstances offending occurred can raise sufficient doubt to warrant setting aside a conviction. Where propensity evidence from one complainant was relied upon to support the evidence of other complainants, a miscarriage of justice on counts relating to one complainant may render convictions on counts relating to other complainants unsafe and unsatisfactory.
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