Recent Cases

HCF v The Queen [2023] HCA 35 (15 November 2023) (Gageler CJ; Edelman, Steward, Gleeson and Jagot JJ)


Criminal practice – Appeal – Miscarriage of justice – Juror or jury misconduct – Where following trial by jury appellant convicted of six sexual offences – Where after entry of verdicts juror delivered note causing trial judge to authorise Sheriff to conduct investigation under s 70(7) of Jury Act 1995 (Qld) – Where investigation revealed conduct involving juror undertaking internet research about definitions of and sentences for certain offences, juror informing other members of jury about research, and other members of jury not informing trial judge – Where conduct contrary to directions of trial judge – Whether conduct gave rise to miscarriage of justice.

Words and phrases – “capacity to prejudice”, “discharge a juror”, “disobedience”, “double might”, “fair-minded lay observer”, “independent research”, “integrity of the jury system”, “integrity of the trial process”, “internet research”, “irregularity”, “juror misconduct”, “jurors”, “jury directions”, “jury trial”, “misbehaviour”, “miscarriage of justice”, “practical injustice”, “procedural fairness”, “proviso”, “reasonable apprehension of bias”, “substantial miscarriage of justice”.