'Deliberating' in s 46(2) of the Juries Act 2000 (Vic) means actually deliberating — discussion, debate and consideration of issues — not merely the time allowed for deliberating. The earlier interpretation in R v VST should not be followed. Where a juror refuses to participate in deliberation from the outset, the jury has not been 'deliberating' for the requisite six hours and a majority verdict cannot be taken. In such circumstances, the appropriate course is to discharge the whole jury rather than the individual juror.
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