#DEADLOCK JURY TRIAL#

I have the power to discharge you from giving a verdict but I should only do so if I am satisfied that there is no likelihood of genuine agreement being reached after further deliberation. вЂMembers of the jury, I have been told that you have not been able to reach a verdict so far. The Direction is found at page 51 of the judgement, during which Chief Justice Mason and Justices Brennan, Dawson and McHugh prescribe it in the following terms: The Direction seeks to fulfil the utilitarian objective of producing a verdict without putting undue pressure on jurors to change their minds. The Black Direction derives its name from the High Court of Australia case of Black v The Queen HCA 71 (1993) 179 CLR 44.

#DEADLOCK JURY TRIAL#

If a jury advises the court that it is unable to reach a verdict after deliberations, as it did in the trial of Mr Daniels, the judge will give the jury what is known as a вЂBlack DirectionвЂ™. What happens if the jury canвЂ™t reach a unanimous verdict? A new jury was selected and the trial commenced few days later. The trial got off to a false start with the first jury dismissed on the second day of the trial, and a re-start ordered. The current gridlock follows a seven-week trial which has already exceeded its original 5-week estimated time frame. Her Honour assured the jurors there was вЂњno rushвЂќ in reaching a verdict. In accordance with the standard direction, her Honour told the jurors experience has shown that when given more time, juries are often able to reach a unanimous verdict. Her Honour then delivered what is known as a вЂBlack directionвЂ™ encouraging the jurors to listen to their fellow jurors, calmly consider their views and weigh up their opinions. The jury was sent out for deliberations at 9.15am on Thursday, and returned three-and-a-half hours later to deliver five not guilty verdicts and advise the court that вЂњwe are at a deadlock and no amount of time would result in a different outcomeвЂќ. They have also suggested that some complainantsвЂ™ accounts were contaminated by information they overheard in media reports. In court, his criminal defence lawyers questioned the conduct of the police officer in charge of the investigation, including her use of leading questions during interviews with the complainants. He has vehemently denied touching female students on or near their genitals while instructing them at the busy pool on SydneyвЂ™s north shore. It has been alleged that Mr Daniels acted brazenly and opportunistically in taking advantage of students under his care, despite the high risk of detection, to fulfil his own sexual interests. Mr Daniels, who is in his early twenties, was arrested in 2019. On Friday, one of the original 12 jurors was discharged after advising NSW District Court Judge Kara Shead that she had an interstate flight that evening and would not return to Sydney until after Christmas.Дeliberations were adjourned until today after a second juror was stuck in the Northern Beaches lockdown and could not travel to the Sydney CBD.

The five not guilty verdicts relate to charges arising from alleged conduct against one girl, including four counts of sexual intercourse with a child under 10 years old.

Mr Daniels pleaded not guilty to 26 charges relating to nine complainants, who alleged that he abused them at the Mosman Swim Centre between 20. A jury of 11 will recommence deliberations in Downing Centre District Court today, after returning not guilty verdicts for five out of 26 criminal charges during deliberations after the trial of former Sydney swimming coach Kyle Daniels.

Deadlock jury