When a jury acquits on some counts but convicts on others, the acquittals are not inconsistent where the evidence supporting the acquitted counts was qualitatively different from and weaker than the evidence supporting the convicted counts. A trial judge's decision to discharge a juror in pain and proceed with 11 jurors will not be overturned on appeal where the jury had reported progress toward unanimity before the discharge, even though the better course would have been to adjourn. The potential availability of a majority verdict under s 59A of the Jury Act 1995 (Qld) does not cure the prejudice of losing a potentially dissenting juror.
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