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Because of the applicant's dangerous driving, police terminated the pursuit. The appellants demanded protection money from a nightclub owner, who refused to pay.
They located the applicant a short time later & arrested him. After a number of visits & threats, he reported the matter to the Police Crime Agency.
After the trial judge made his opening remarks & the Crown prosecutor made her opening address, the jury retired. They returned to the jury panel & a fresh jury was empanelled.
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One of the jurors informed a Sheriff's officer that he might have seen the accused at his place of work & this was relayed to the judge. Four members of the original jury were on this fresh jury.
Whether reasonable apprehension of bias on part of fresh jury - whether miscarriage of justice in failure to discharge jury after possibly prejudicial evidence of dealing in other drugs - whether verdict in relation to Count 1 unsafe - whether miscarriage of justice because counsel unprepared or failed to act on instructions in conduct of defence. TETLEY, Jason Phillip - CCA, 10.2.2006 Handley JA, Adams & Latham JJ Citation: R v Tetley  NSWCCA 22 Sentence appeal.