A Ballarat jury has been unable to decide if a 37-year-old man entered a house and aimed a gun at the victim during an alleged aggravated burglary.
The jury at the County Court at Ballarat deliberated for six hours and 30 minutes but could not reach an unanimous verdict after a three-day trial.
Judge Michael McInerney instructed the jury of six women and six men to deliver a majority verdict of 11 to one. But they were again unable to reach a verdict and were discharged.
Brock Morgan pleaded not guilty to aggravated burglary and common assault from an alleged incident in Alfredton on December 4, 2016.
Police alleged Morgan entered the complainant’s house, who was known to him, aimed a sawn-off rifle at him and kicked at the man’s bedroom door when he attempted to hide.
Defence barrister David Gray said while his client did not dispute he was at the complainant’s house, he claims he did not have a gun nor did he enter the house.