“We do not desire that the unanimity of a jury should be the result of anything but the unanimity of conviction. It is true that a single juryman, or two or three constituting a small minority, may, if their own convictions are not strong and deeply rooted, think themselves justified in giving way to the majority. If is very true, if jurymen have only doubts or weak convictions, they may yield to the stronger and more determined view of their fellows; but I hold it to be of the essence of a juryman's duty, if he has a firm and deeply rooted conviction, either in the affirmative or the negative of the issue he has to try, not to give up that conviction, although the majority may be against him, from any desire to purchase his freedom from confinement or constraint, or the various other inconveniences to which jurors are subject.”

Winsor v. The Queen (1866), L. R. 1 Q. B. Ca. 305.

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Sir Alexander Cockburn, 12th Baronet 13
Lord Chief Justice 1802–1880

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