A trial judge must not only be satisfied that the minimum eight-hour deliberation period has elapsed before directing a majority verdict under s 55F(2)(a) of the Jury Act 1977 (NSW), but must also consider and clearly demonstrate that the period of deliberation was reasonable having regard to the nature and complexity of the proceedings. Failure to address the reasonableness requirement constitutes a miscarriage of justice. The question whether giving a majority verdict direction simultaneously with a Black direction undermines the Black direction was left open but all three judges expressed the view that it was at least arguable.
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