Alex v R [2026] NSWCCA 121

Alex v R [2026] NSWCCA 121 concerns five conviction appeals from a lengthy Commonwealth conspiracy trial involving alleged tax withholding losses and dealing with proceeds of crime. After the jury foreman conducted extensive unauthorised internet research, shared prejudicial material, and alleged approaches to secure a not guilty verdict, the remaining jurors were questioned under caution. The key issue was whether these combined irregularities caused a miscarriage of justice, notwithstanding judicial directions and the trial judge’s refusal to discharge the jury. Applying the “double might” test, the Court found the trial’s integrity fundamentally compromised. Leave was granted, the appeals allowed, all convictions quashed, and new trials ordered, with bail continued.