Where interlocutory judgments or other case-related material is published on the internet during a criminal trial, the mere possibility that a juror may have accessed the material does not constitute a miscarriage of justice. The applicable test is whether the presence of the material posed an unacceptably high risk of prejudice, assessed by reference to whether there is evidence of actual access, the directions given to the jury, the nature of the material, and the strength of the Crown case. This is distinct from the Marsland/Rudkowsky test which applies where an irregularity is proven.
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