Full Court Minute Books

Case B50/2022

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)

[2021] QCA 189

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)

03/02/2023 Reply

*The due dates shown for documents on this page are indicative only.