Remarks by opposing counsel during jury address criticising a party's exercise of peremptory challenges under s 42A of the Jury Act 1977 (NSW) do not, without more, give rise to a real possibility of injustice warranting discharge of the jury. The test for appellate intervention remains whether the trial judge's discretion miscarried and there is a real possibility that an injustice occurred (Morgan v John Fairfax).
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