Ineffective assistance of counsel

R. v. Huynh, 2010 ONCA 374 is a good source for the test to be applied when considering an appeal based on ineffective assistance of counsel. The Court writes:

[5]              As to the ineffective assistance of trial counsel, we again see no merit to this ground of appeal.  The test that the appellant must meet is to demonstrate first, that trial counsel's acts or omissions constituted incompetence, and second, that a miscarriage of justice resulted.  Appellate courts will generally first decide whether a miscarriage of justice occurred because unless it has, there is no need to pass judgment on the competence of trial counsel.  In this regard, the appellant has not met his burden in respect of either.