Under ss 53(4) and 54(4) of the Jury Act 1995 (Qld), the test for discharging a jury following irregularities is not limited to the reality of prejudice but extends to the perception of prejudice: the judge must consider whether the irregularities give rise to a reasonable suspicion about the fairness of the trial, including whether public confidence in the administration of justice could be preserved if convictions were allowed to stand. While the High Court's Webb and Hay test cannot be directly transposed to Queensland, the considerations of public confidence and reasonable suspicion are relevant to the statutory test.
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