The Court of Appeal of Trinidad and Tobago had been correct in holding that the failure on the part of counsel to adduce evidence of the appellant's good character had not resulted in any miscarriage of justice. However, the court had erred in failing to give a direction under the Supreme Court of Judicature Act in Trinidad and Tobago s.49(1) to ensure that the appellant's time in custody while exercising his right to appeal would count towards his sentence.

[2006] UKPC 9

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