Huxley v. The Queen

Lower Court Judgment

23 April 2021 Supreme Court of Queensland (Court of Appeal) (Fraser, Morrison and Mullins JJA)

[2021] QCA 78

Catchwords

Criminal practice – Jury direction – Witness evidence – Joint trial – Where appellant convicted by jury for murder after being charged on joint indictment which charged three others – Where direction given to jury in relation to witness' evidence  - Where witness' evidence central to co-accused's case and relevant to appellant's – Where direction made that jury should only act upon witness' evidence if satisfied beyond reasonable doubt that evidence truthful, reliable and accurate – Whether jury direction, that witness' evidence in joint trial can only be used by jury if satisfied evidence of witness truthful, reliable and accurate beyond reasonable doubt, constituted miscarriage of justice.