Where a solicitor's failure to provide trial counsel with a material expert report deprives the accused of a chance of acquittal fairly open to them, this constitutes a substantial miscarriage of justice under s 276(1)(c) of the Criminal Procedure Act 2009 (Vic), even though the case does not fit neatly within the established categories of 'new evidence', 'fresh evidence', or 'incompetence of counsel'. The residual provision in s 276(1)(c) ('for any other reason') is capable of catching such systemic failures in the adversarial process.
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