Re Kestle (No 2) - [1980] 2 NZLR 353

Criminal law — Trial — Conviction for murder — Application of proviso to s 385 of the Crimes Act — After jury was empanelled and retired to choose foreman, one juror declared an acquaintance with accused — Juror was discharged, and another, selected at random from the panel by ballot, took his place — Seven years after conviction, accused sought to appeal on ground of composition of jury — Whether there had been a procedural error — Whether there had been a miscarriage of justice — Crimes Act 1961, ss 385 and 406 (a) - Juries Act 1908, ss 102 and 103.