The separation of jurors during deliberations without jurykeeper supervision and without the trial judge's permission constitutes a serious departure from prescribed trial processes, the impact of which cannot be determined, such that it occasions a substantial miscarriage of justice — even where jurors deny having discussed the case. The Court recommended that Victorian courts adopt a uniform practice whereby jurors remain supervised by sworn jurykeepers during deliberations, do not leave court unaccompanied, and are reminded of the separation oath on each occasion of separation. Separately, trafficking in a drug of dependence requires a commercial element; supplying a drug without any element of exchange or commercial dealing does not constitute trafficking.
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