Where opinion evidence is not objected to at trial, the opinion rule in s 76 of the Evidence Act does not render it inadmissible, and mandatory exclusion under s 137 is not engaged. A deliberate forensic decision not to object to evidence, where the decision was capable of leading to a forensic advantage through cross-examination, will not ground a miscarriage of justice. The unreasonable verdict test applies in deemed supply cases where the accused bears the onus of proving personal use, but the question is whether it was open to the jury not to find on the balance of probabilities that the defence was made out.
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