Recent Cases

Hamilton (a pseudonym) v The Queen [2021] HCA 33 (03 November 2021) (Kiefel CJ, Keane, Edelman, Steward and Gleeson JJ)


Criminal practice – Trial – Directions to jury – Where appellant charged with ten counts of aggravated indecent assault against three of his children – Where appellant did not seek that counts be tried separately – Where appellant alleged complainants’ evidence was inconsistent and had been concocted – Where appellant did not seek anti‑tendency direction and no anti‑tendency direction given – Where trial judge gave Murray direction requiring jury not to convict on any count unless satisfied that evidence of each child was honest and reliable in relation to that count – Where trial judge directed jury to give separate consideration to each count – Whether trial miscarried because of failure to give anti‑tendency direction.

Words and phrases – “anti‑tendency direction”, “concoction of evidence”, “counts tried together”, “failure of counsel to seek a direction”, “forensic advantage”, “forensic strategy”, “impermissible tendency reasoning”, “miscarriage of justice”, “multiple complainants”, “Murray direction”, “separate consideration direction”, “stark contest of credibility”.