HCF v. The Queen
Case No.
B50/2022
Case Information
Lower Court Judgment
03/09/2021 Supreme Court of Queensland (Court of Appeal) (Morrison & Mullins JJA, North J)
Catchwords
Criminal practice – Miscarriage of justice – Application of proviso that no substantial miscarriage of justice actually occurred – Criminal Code (Qld), s 668E(1) – Jury misconduct – Independent research – Where jury disobeyed trial judge's directions that: (1) prohibited independent research; and (2) required discovery by other jurors of any such misconduct – Where sheriff investigated juror misconduct pursuant to s 70(7) of Jury At 1995 (Qld) and produced report provided to parties before appeal heard – Whether substantial miscarriage of justice occasioned by proven disobedience by jurors of trial judge's direction – Whether verdicts of guilty were true for whole jury in circumstances where only five of twelve jurors responded to sheriff's investigation – Whether proviso applies where jury fails to obey judicial directions.
Documents*
14/10/2022 Hearing (SLA, Canberra by video connection)
28/10/2022 Notice of appeal
02/12/2022 Written submissions (Appellant)
02/12/2022 Chronology (Appellant)
13/01/2023 Written submissions (Respondent)
14/04/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
13/04/2023 Outline of oral argument (Appellant)
14/04/2023 Outline of oral argument (Respondent)
02/06/2023 Supplementary written submissions (Appellant)
02/06/2023 Supplementary written submissions (Respondent)
15/11/2023 Judgment (Judgment summary)