The case applies established principles on the distinction between fresh and new evidence on appeal, the high threshold for establishing miscarriage of justice based on counsel's conduct, and the proper approach to totality in sentencing for multiple sexual offences. The decision not to call an accused to give evidence will rarely constitute a miscarriage of justice given the obvious forensic advantage of avoiding cross-examination. General deterrence remains a prominent sentencing consideration for sexual offences committed against vulnerable sex workers.
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