Where defence counsel, while acting for an accused, takes active steps to encourage the presentation of the principal prosecution evidence against that accused, this constitutes a fundamental breach of duty that subverts the right to a fair trial and amounts to a substantial miscarriage of justice requiring the conviction to be quashed. Where significant time has elapsed since the events and the accused has served a significant portion of the non-parole period, it will be unjust to order a retrial and a verdict of acquittal should be entered.
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