A trial judge who inadvertently learns of the jury's voting division in open court is not necessarily precluded from thereafter taking a majority verdict, provided the information was disclosed to both parties and counsel was given the opportunity to make submissions. However, the common law prohibition on inquiring into exact jury voting numbers remains firmly in place, and trial judges should follow the Criminal Charge Book recommendation that jurors be directed not to reveal voting numbers at any stage. Defence counsel who fail to object to a majority verdict direction or seek a discharge in such circumstances face significant difficulty on appeal.
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