Recent Cases

Huxley v The Queen [2023] HCA 40 (06 December 2023) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ)


Criminal practice – Trial – Directions to jury – Where appellant tried with two co-accused – Where appellant charged with murder, one co-accused charged with assault occasioning bodily harm and other co-accused charged with accessory after fact to murder or manslaughter – Where evidence from witness incriminated one co-accused but had potential to exculpate appellant – Where trial judge gave direction that witness’ evidence should not be used unless jury satisfied beyond reasonable doubt that witness’ evidence was truthful, reliable and accurate – Where direction expressed as “consistent with the directions” to be given in relation to case against one co-accused – Where appellant did not seek redirection – Whether direction would have misled jury in relation to defence case for appellant – Whether misleading in context of summing-up as a whole – Whether trial miscarried – Whether direction constituted error of law.

Words and phrases – “beyond reasonable doubt”, “circumstantial evidence”, “error of law”, “failure to seek a redirection”, “joint trial”, “miscarriage of justice”, “misdirection”, “multiple accused”, “murder”, “obstacle to conviction”, “reasonable possibility”, “Robinson direction”, “summing-up”, “truth, reliability and accuracy”, “wrong decision of any question of law”.