Both preconditions in s 55F(2) of the Jury Act 1977 (NSW) — the trial judge's determination that a reasonable period of deliberation has elapsed and the examination of a juror on oath — are essential preconditions, and failure to address either is sufficient to vitiate the trial. A trial judge should not direct the jury about the availability of a majority verdict at the same time as giving a Black direction urging continued deliberation towards unanimity. The registration requirements under the Child Protection (Offenders Registration) Act 2000 (NSW) are a relevant factor weighing in favour of ordering a new trial rather than directing acquittal where a conviction for a child sexual offence is quashed.
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