The failure of defence counsel to adduce available positive character evidence beyond bare 'no convictions' evidence may constitute a material irregularity giving rise to a miscarriage of justice under the [name withheld] framework, particularly in credibility cases where the factual differences between versions are relatively modest. The duality of behaviour common in family violence cases is a relevant but not decisive consideration in assessing the weight of character evidence. A magistrate is not required to self-direct on good character where no direction is sought and the only character evidence is absence of criminal history.
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