In Queensland, jury voting figures inadvertently disclosed to a trial judge are not relevant to the exercise of the discretion under s 59A(2) of the Jury Act 1995 (Qld) to ask for a majority verdict, and procedural fairness does not require their disclosure to counsel before exercising that discretion. The Victorian majority position in HM v R requiring such disclosure is not followed. The question of what should occur where voting figures reveal a statutory majority for conviction (the MJR exception) is left open.
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