Where trial counsel unequivocally concedes no prejudice from an enlargement of the prosecution case, it will be very difficult to establish a substantial miscarriage of justice on appeal, even where the prosecution's conduct in enlarging its case is deprecated. The prosecution's obligation to disclose reliance on intoxication as a basis for lack of consent from the outset of a rape trial is reinforced. An applicant's admission to a third party regarding one charge but not others provides a logical and reasonable basis for different verdicts on charges arising from the same occasion.
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