Non-disclosure of evidence that was subsequently tendered without objection at trial, and seen by defence counsel, does not give rise to a miscarriage of justice where no material prejudice is identified. Conditions of remand (transport, meals, stress) do not establish forensic disadvantage impairing trial fairness absent evidence that they actually impeded the accused's ability to instruct counsel or participate in the trial. Where defence counsel does not seek further jury directions at trial, an appellate court will be slow to find that the directions given were inadequate.
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