In appeals from judge-alone criminal trials in Queensland, alleged errors in the trial judge's interpretation and assessment of evidence do not constitute a 'failure of process' amounting to a miscarriage of justice under the third limb of s 668E(1). Such errors can only ground an appeal if the verdict was not reasonably open (first limb). A failure of process sufficient for the third limb requires a departure from the essential requirements of a fair trial, such as failure to apply a mandatory legal principle governing fact-finding. The O'Dempsey dictum requiring an appellant to show 'no evidence' or 'evidence all one way' applies to challenges to specific factual findings but does not preclude a miscarriage of justice appeal based on failure of process.
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