It is Christmas and Harvey is involved in a heated argument with Jack over a car park spot at Chadstone Shopping Centre. In frustration, Harvey gets out from the driver's seat of his vehicle with a base ball (he has just come back from his son's baseball practice session), walks over to the passenger side of Jack's vehicle and smashes the window. Jack sustains minor scratches from pieces of broken glass. Harvey gets back into his car and drives off. Jack immediately calls the police who attend the scene. Jack informed police what had happened and provided Harvey's registration number. There were also a number of people who witnessed the incident and informed the police as to what they saw. Police intend to charge Harvey with criminal damage, which carries a maximum sentence of 10 years imprisonment.

Harvey is convicted. A month after his conviction he is informed by his neighbour that his friend was the foreman of the jury and he elected to find Harvey guilty because he searched the internet and saw that Harvey had prior convictions for assault. Also, another juror elected to convict Harvey because unknown to Harvey he played soccer against Harvey and thought that Harvey was always a thug. Can Harvey apply to get his conviction set aside?