A juror's internet search about a matter that arose during a trial does not constitute misconduct under s 53A(2)(a) of the Jury Act 1977 (NSW) where the search was motivated by personal curiosity rather than an intention to obtain information about the accused or matters relevant to the trial. An erroneous discharge of a juror based on a mistaken evaluative assessment of misconduct does not constitute a failure to comply with mandatory provisions relating to the constitution of the jury, and s 22 of the Jury Act operates to validate verdicts reached by the remaining jurors. The question of whether a juror's conduct constitutes 'misconduct' under s 68C(1) requires consideration of the juror's purpose, and the standard of proof is not the criminal standard.
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