The imputed waiver doctrine applies equally to disclosure of the gist or substance of client instructions as it does to legal advice; a solicitor's disclosure that instructions were not to a particular effect constitutes disclosure of the substance of the instructions, giving rise to imputed waiver. For second appeals under s 159 of the Criminal Procedure Act 1921 (SA), evidence relevant only to credit may potentially qualify as 'compelling' but only if of sufficient significance with respect to the complainant's credit and sufficiently probative of the defendant's guilt. The forensic decisions of trial lawyers are attributed to the accused for the purposes of the 'freshness' requirement, absent exceptional circumstances such as active misleading by lawyers.
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