Material produced by a Sheriff's investigation under s 73A of the Jury Act 1977 (NSW) is not automatically admissible to challenge a conviction; the exclusionary rule concerning jury deliberations continues to apply to such material. Evidence that a juror disclosed personal experience of sexual assault during deliberations is inadmissible as it goes to the heart of jury deliberations. There is a split of opinion on whether evidence that one juror perceived another to have prejudged the case is admissible, with the majority holding it inadmissible. Even if such evidence were admissible, a single juror's perception of another's pre-judgment, without more, falls far short of establishing apprehended bias.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.