In NSW, a jury's failure to agree on a verdict on one count cannot be equated with a verdict of acquittal for the purposes of the inconsistent verdicts doctrine, following the Queensland approach in R v DAL rather than the Victorian approach in Pillay v The Queen. However, a failure to agree may be taken into account as part of an unreasonable verdict ground under s 6(1) of the Criminal Appeal Act 1912 (NSW). The question of whether the Victorian approach might be adopted in NSW in an appropriate case was left open by Hamill J.
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