Where defence counsel makes an informed and deliberate forensic decision not to seek severance of an indictment in order to pursue a collusion defence, the test for miscarriage of justice is whether it was reasonably open to make that forensic choice — not whether the strategy succeeded. Sentencing comparables predating the 2016 introduction of s 9(10A) of the Penalties and Sentences Act 1992 (Qld) are of limited utility for domestic violence offences sentenced after that date.
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