Errors of fact by a trial magistrate going to the fault element of an offence (here, recklessness as to consent) may give rise to a miscarriage of justice even where an independent line of reasoning to conviction exists, if the errors significantly undermine confidence in the whole fact-finding process. Leave to raise new grounds on a second appeal may be granted where errors are patent and conceded, there was no strategic decision not to raise them, and it would work an injustice to permit the conviction to stand. Evidence relating to a dismissed charge may be used in assessing credibility on a remaining charge where it is relevant as relationship evidence and does not call the acquittal into question.
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