Where no objection to evidence is taken at trial, the appellate court will not treat the trial judge as having 'erred' in admitting the evidence; the only available ground is miscarriage of justice, and the failure to object looms large against establishing such miscarriage. An appellate court will only exercise the Christie discretion where it was not invoked below in exceptional circumstances, and the appellant must show that exclusion was the only appropriate exercise of discretion and that a miscarriage would clearly occur otherwise.
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