A Black direction given contemporaneously with a majority verdict direction under s 59A of the Jury Act 1995 (Qld) does not necessarily undermine the Black direction or result in a miscarriage of justice, particularly where the jury continues to deliberate for a substantial further period. The Queensland legislation does not require examination of jurors on oath before accepting a majority verdict, distinguishing the position under the NSW Jury Act 1977. A party who withdraws an application to discharge the jury on instructions is bound by that conduct and cannot raise the matter as a ground of appeal.
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