The presence of non-exhibit material in the jury room is not automatically a fundamental error requiring a new trial. The significance of the irregularly available material must be assessed in the context of the trial, including what was already properly before the jury. Where the excluded material adds nothing of substance to what the jury already knew from regularly admitted evidence, the proviso may be applied. Sentences for offences forming a continuous course of ill treatment against the same victim should be served concurrently, not cumulatively.
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