Where character evidence is not adduced at trial due to the unjustifiable failure of the accused's legal representatives, the inquiry into miscarriage of justice follows the same approach as for fresh evidence: the court asks whether there is a significant possibility that the evidence would have affected the outcome. The relative strength of the Crown case is relevant but not determinative. Where the error results in evidence not being adduced, the proviso may not save the verdicts because the appellate court cannot assess guilt beyond reasonable doubt without that evidence.
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