The Court of Appeal granted leave to appeal and quashed convictions where allegations of improper communications between the trial judge's tipstaff and jurors during deliberations constituted a serious departure from prescribed trial processes. The Crown conceded substantial miscarriage of justice on the basis of the police investigation into the tipstaff's conduct, and a new trial was ordered. The case confirms that improper communications by court officers with jurors during deliberations, if capable of causing severe prejudice to the accused, will warrant setting aside convictions even where the facts remain under investigation and the accused has not yet been sentenced.
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