The participation of an illiterate juror in a criminal trial where significant evidence is presented in written form only (such as English translations of foreign language intercepts) constitutes a miscarriage of justice warranting the quashing of convictions. Section 73 of the Jury Act 1977 (NSW) does not save such verdicts because the inability to engage with the written evidence provides a reason beyond mere ineligibility for invalidation. The proviso does not apply where the irregularity constitutes a serious breach of the presuppositions of the trial.
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