R v Skaf (2004) 60 NSWLR 86

Facts: Defendants (Ds) (Bilal Skaf – 1st assailant and his brother, Mohammed Skaf – accessory) were convicted for being part of a gang that raped a young woman in a Sydney park. They appealed the decision on a number of grounds; one of which was juror misconduct. D argued that the trial miscarried because 2 jurors (including foreman) visited the crime scene and conducted their own experiment to discern the visibility/lighting at night for 15-20 minutes (i.e. to see whether complainant’s (C) claim that she could see the identity of the assailants was true). This was revealed to an unrelated solicitor who reported it to the court.

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