The case confirms that post-conviction review of a venue refusal requires the appellate court to assess whether a miscarriage of justice actually occurred, not merely whether the discretion was properly exercised. The combination of careful jury selection (excusing concerned jurors) and strong judicial warnings will ordinarily be sufficient to eliminate any risk of unfairness from pre-trial publicity. The DPP's investigation under s 78(4) of the Juries Act 2000 (Vic) will ordinarily be the appropriate mechanism for investigating juror misconduct, rather than the Court of Appeal authorising its own investigation under s 78(3)(c). The mere identification of an association between a juror and the deceased, without evidence of its nature, tenor or duration, does not establish apprehended bias.
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