Victorian Consolidated Legislation

Juries Act 2000 - SECT 46

Failure to reach unanimous verdict in criminal trials

46. Failure to reach unanimous verdict in criminal trials



(1) In this section, majority verdict means-

   (a)  if, at the time of returning its verdict, the jury consists of 12
        jurors-a verdict on which 11 of them agree;

   (b)  if, at the time of returning its verdict, the jury consists of 11
        jurors-a verdict on which 10 of them agree;

   (c)  if, at the time of returning its verdict, the jury consists of 10
        jurors-a verdict on which 9 of them agree.

(2) If, after deliberating for at least 6 hours a jury in a criminal trial-

   (a)  is unable to agree on its verdict; or

   (b)  has not reached a unanimous verdict-

the court may discharge the jury or, subject to subsections (3) and (4), take
a majority verdict as the verdict of the jury.

(3) A court must refuse to take a majority verdict if it considers that the
jury has not had a period of time for deliberation that the court thinks
reasonable, having regard to the nature and complexity of the trial.

(4) A verdict that the accused is guilty or not guilty of murder or treason or
an offence against section 71 or 72 of the
Drugs, Poisons and Controlled Substances Act 1981 or an offence against a law
of the Commonwealth must be unanimous.

(5) If in a criminal trial-

   (a)  it is possible for a jury to return a verdict of not guilty of the
        offence charged but guilty of another offence with which the accused
        has not been charged; and

   (b)  the jury reaches a verdict (unanimously or by majority verdict) that
        the accused is not guilty of the offence charged; and

   (c)  the jury is unable to agree on its verdict on the alternative offence
        after a cumulative total of at least 6 hours deliberation on both
        offences-

a majority verdict on the alternative offence may be taken as the verdict of
the jury.