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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23FI

Jury's verdict

Verdict must be unanimous

  (1)   The jury's verdict on each count in the indictment must be unanimous. If the indictment includes alternate counts, the jury need only reach a verdict on one of those counts.

  (2)   Before the jury retires to consider its verdict on a count in the indictment, the Court must inform the jury that its verdict must be unanimous.

Jury may deliver alternative verdicts

  (3)   If an offence specified in a count in the indictment is an offence for which an Act allows the jury to find the accused:

  (a)   not guilty of the offence; but

  (b)   guilty of another offence;

the Court may inform the jury of this.

  (4)   If, in accordance with an Act referred to in subsection   (3), the jury unanimously finds the accused:

  (a)   not guilty of an offence specified in a count in the indictment; but

  (b)   guilty of another offence;

the indictment is taken to have always included a count against the accused for the other offence.

Foreperson is to deliver the verdict

  (5)   The jury's verdict is to be delivered by the jury foreperson.


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