Jury verdicts of acquittal on some counts, and conviction on lesser alternatives on others, can demonstrate that the jury carefully considered each count separately and was not overwhelmed by prejudicial evidence, thereby negating a claim of miscarriage of justice arising from failure to sever counts or discharge the jury. The post-Hofer position is confirmed: to establish a miscarriage of justice under the third limb of s 6(1) of the Criminal Appeal Act 1912 (NSW), it is not sufficient to identify an inconsequential error; the error must be of a nature and degree that could realistically have affected the verdict of guilt.
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