Prosecutors have dropped charges against two Canberra men recently acquitted of rape.
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Last month, a jury found Michael Morris, 22, of Red Hill, and Matthew Holloway, 22, of Bonython, not guilty of having sexual intercourse with a woman without her consent in 2012.
But jurors were unable to agree on a verdict on allegations the men committed acts of indecency and attempted to engage in sexual intercourse with the woman without her consent.
Juries – which are made up of 12 members of the public - must return a unanimous verdict for a defendant to be found guilty.
If any of the jurors has a 'reasonable doubt' then the jury is ‘hung’ and there is no conviction.
In those circumstances, the Director of Public Prosecutions can either drop the charges or mount a retrial if pursuing the case is in the public interest and there are reasonable prospects of conviction.
Prosecutor Mark Fernandez filed a notice declining to prosecute in the ACT Supreme Court on Wednesday, which means the men would not be forced to face another trial on the remaining counts.
Chief Justice Helen Murrell discharged both men on the charges.
Morris will now be sentenced on a separate count of committing an act of indecency, which he pleaded guilty to before the trial.
Morris filmed the sex on his computer without the woman's knowledge.
He erased the footage almost immediately and forensic experts were unable to retrieve the file.
A sentence hearing has been listed for mid-May.
The judge continued Morris’ bail.
During the trial, the Crown alleged the pair repeatedly raped the woman at Morris' Red Hill home after 3.25am on March 12.
The defence argued the woman had consented to intercourse.