The test for material irregularity arising from juror misconduct in NSW remains that stated in R v Marsland: whether the court can be satisfied the irregularity has not affected the verdict. A juror's possession of extraneous material does not of itself warrant an inference that the juror was generally prepared to act contrary to direction. The Criminal Trial Courts Bench Book does not set a standard from which departure constitutes appellable error. A sentence of 12 years for manslaughter by extended joint criminal enterprise, where the offender did not wield the weapon and was not in the immediate vicinity of the fatal act, was manifestly excessive and reduced to 9 years.
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