A misdirection in a jury direction that is wholly favourable to the accused — in the sense that it removes a pathway to conviction rather than adding one — does not constitute a miscarriage of justice. Where multiple sexual offences are committed upon the same complainant, at the same location, as a single episode, an extremely high level of effective concurrency is required in the aggregate sentence; the totality principles stated in R v Wheeler concerning 'studied and deliberate courses of criminal behaviour' have no application to single-episode offending.
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