An accused whose case has not been put to the jury is entitled to a verdict, and a trial judge errs in discharging the jury without putting those charges to the jury merely because a co-accused on a prerequisite charge has resulted in a hung jury. However, once a jury has been discharged and separated, the presumptive prejudice in a criminal trial from extraneous communications and media exposure may render relief unavailable. Trial judges should generally stay discharge orders pending appeal where a party objects under s 5G.
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