Where a jury returns a guilty verdict but fails to achieve unanimity on special questions under the Criminal Code (Tas) s 381(c), (3) and (4), the unanswered questions are treated as unanswered (not answered in the negative), and the sentencing judge may make independent findings on those issues applying the beyond reasonable doubt standard. The [name withheld] principle — that the most favourable version of facts should be adopted — applies only where the prosecution's conduct has disadvantaged the accused.
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