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Summary conviction appeal allowed and new trial ordered due to ineffective assistance of trial counsel.
The appellant appealed his summary conviction for sexual interference, alleging ineffective assistance of trial counsel.
The appellant argued that his trial counsel failed to adequately advise him on the decision to testify, specifically regarding the principles in W. (D.) and how his testimony could raise a reasonable doubt even if not fully believed.
The Superior Court of Justice admitted fresh evidence and found that the appellant was deprived of the information necessary to make an informed choice about testifying.
The court concluded this compromised trial fairness and the reliability of the verdict, resulting in a miscarriage of justice.
The appeal was allowed, the conviction set aside, and a new trial ordered.
