Evidence that a juror had knowledge of matters extraneous to the trial (such as other charges against the accused) and communicated that knowledge to other jurors falls outside the exclusionary rule regarding jury deliberations and is admissible on appeal. Evidence of a juror's publicly expressed views that might lead a fair minded observer to conclude the juror might not bring an impartial mind to deliberations also falls outside the exclusionary rule. The question of whether s 73A of the Jury Act 1977 (NSW) independently renders Sheriff's investigation material admissible on appeal irrespective of the exclusionary rule was left open.
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