Where a jury discloses its voting numbers to the trial judge and those numbers are relevant to a decision the judge must make (such as whether to discharge the jury or permit a majority verdict), procedural fairness requires the judge to disclose the precise numbers to counsel, regardless of whether the numbers reveal a statutory majority for conviction. This extends the principle in MJR v The Queen beyond the narrow exception where a statutory majority existed. However, this is a majority decision with a strong dissent, and the dissenting view confines the disclosure obligation to the MJR exception.
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