QLDIn ForceAct
Jury Act 1995
sec.59Verdict in criminal cases for particular offences must be unanimous
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### sec.59 Verdict in criminal cases for particular offences must be unanimous
This section applies to the following criminal trials on indictment—
a trial for any of the following offences—
murder;
an offence against the Criminal Code , section 54A (1) if, because of the circumstances of the offence, the offender is liable to imprisonment for life, which can not be mitigated or varied under the Criminal Code or any other law;
an offence against a law of the Commonwealth;
a trial before a jury consisting of only 10 jurors when it gives its verdict.
For subsection (1) (b) , it does not matter that at any time before its verdict was given the jury consisted of more than 10 jurors.
The verdict of the jury must be unanimous.
However, if on the trial of an offence mentioned in subsection (1) (a) (i) or (ii) —
the jury is unable to reach a unanimous verdict; and
the defendant is liable to be convicted of another offence not mentioned in subsection (1) (a) (i) or (ii) ;
in relation to the conviction for the other offence, section 59A applies as if the defendant were originally charged with the other offence.
s 59 sub 2008 No. 50 s 8
amd 2010 No. 42 s 214 sch
(sec.59-ssec.1) This section applies to the following criminal trials on indictment— a trial for any of the following offences— murder; an offence against the Criminal Code , section 54A (1) if, because of the circumstances of the offence, the offender is liable to imprisonment for life, which can not be mitigated or varied under the Criminal Code or any other law; an offence against a law of the Commonwealth; a trial before a jury consisting of only 10 jurors when it gives its verdict.
(sec.59-ssec.2) For subsection (1) (b) , it does not matter that at any time before its verdict was given the jury consisted of more than 10 jurors.
(sec.59-ssec.3) The verdict of the jury must be unanimous.
(sec.59-ssec.4) However, if on the trial of an offence mentioned in subsection (1) (a) (i) or (ii) — the jury is unable to reach a unanimous verdict; and the defendant is liable to be convicted of another offence not mentioned in subsection (1) (a) (i) or (ii) ; in relation to the conviction for the other offence, section 59A applies as if the defendant were originally charged with the other offence.
- (a) a trial for any of the following offences— (i) murder; (ii) an offence against the Criminal Code , section 54A (1) if, because of the circumstances of the offence, the offender is liable to imprisonment for life, which can not be mitigated or varied under the Criminal Code or any other law; (iii) an offence against a law of the Commonwealth;
- (i) murder;
- (ii) an offence against the Criminal Code , section 54A (1) if, because of the circumstances of the offence, the offender is liable to imprisonment for life, which can not be mitigated or varied under the Criminal Code or any other law;
- (iii) an offence against a law of the Commonwealth;
- (b) a trial before a jury consisting of only 10 jurors when it gives its verdict.
- (i) murder;
- (ii) an offence against the Criminal Code , section 54A (1) if, because of the circumstances of the offence, the offender is liable to imprisonment for life, which can not be mitigated or varied under the Criminal Code or any other law;
- (iii) an offence against a law of the Commonwealth;
- (a) the jury is unable to reach a unanimous verdict; and
- (b) the defendant is liable to be convicted of another offence not mentioned in subsection (1) (a) (i) or (ii) ;