Where an accused has been advised by counsel that separate trials should be sought but firmly instructs that all charges proceed jointly, counsel is entitled to respect the client's autonomy and the accused cannot later complain on appeal that counsel failed to override those instructions. Even where counsel's conduct displays ineptitude that cannot be explained by rational decision making (such as eliciting evidence of prior incarceration), no miscarriage of justice is established if the strength of the Crown case means the accused was not deprived of a chance of acquittal that was fairly open.
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