Evidence of prior incidents of domestic violence admitted as relationship context evidence (not propensity evidence) does not give rise to a miscarriage of justice where the trial judge directs the jury that the evidence cannot be used to reason that the accused has a tendency to commit the type of offence charged. The test for incompetent defence counsel remains whether the accused was deprived of a chance of acquittal that was fairly open; rational tactical decisions by trial counsel, including the decision not to call a particular expert witness, will not satisfy that test.
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