Terms of reference
Updates and background for this project (Digest)

In a letter to the Commission received on 17 September 2004, the Attorney General, the Hon R J Debus MP asked:

That the NSW Law Reform Commission inquire into and report on whether the unanimity requirement in criminal trials should be preserved in New South Wales.

In undertaking this inquiry, the Commission should have regard to:

• Arguments for and against preserving the unanimity rule;
• The incidence of hung juries in New South Wales and the possible effect of majority verdicts on hung juries;
• The operation of majority verdicts in other Australian and international jurisdictions;
• The advantages and disadvantages of different models for majority verdicts currently operating in other jurisdictions;
• Whether any other procedures or measures could decrease the incidence of hung juries in New South Wales; and
• any other related matter.