Hoang v The Queen [2022] HCA 14

HIGH COURT OF AUSTRALIA

KIEFEL CJ,

GAGELER, KEANE, GORDON AND EDELMAN JJ

QUY HUY HOANG APPELLANT

AND

THE QUEEN RESPONDENT

Hoang v The Queen

[2022] HCA 14

Date of Hearing: 16 March 2022

Date of Judgment: 13 April 2022

S146/2021, S147/2021, S148/2021 & S149/2021

ORDER

1. The appeal in each matter be allowed in part.

2. Set aside the order of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 3 August 2018 and, in its place, order that:

(a) the appeal be allowed in part;

(b) the appellant's convictions on Counts 4 and 6 to 12 be set aside; and

(c) a new trial be had on Counts 4 and 6 to 12.

3. In relation to Counts 1 and 5, remit the matter to the Court of Criminal Appeal of the Supreme Court of New South Wales to consider whether:

(a) to affirm or vary the appellant's sentence under s 7(1) of the Criminal Appeal Act 1912 (NSW);

(b) to remit the matter to the District Court of New South Wales under s 12(2) of the Criminal Appeal Act 1912 (NSW); or

(c) to await the outcome of any new trial on Counts 4 and 6 to 12.

On appeal from the Supreme Court of New South Wales

Representation

G A Bashir SC with D L Carroll and G E L Huxley for the appellant (instructed by AA Criminal Lawyer)

D T Kell SC with E S Jones for the respondent (instructed by Office of the Director of Public Prosecutions (NSW))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Hoang v The Queen

Criminal practice – Jury trial – Where s 53A(1)(c) of Jury Act 1977 (NSW) provided for mandatory discharge of juror where juror engaged in misconduct in relation to trial – Where misconduct included conduct constituting offence against Jury Act – Where offence against s 68C(1) of Jury Act for juror to make inquiry for purpose of obtaining information about any matters relevant to trial – Where evidence led as to Working with Children Check – Where evidence subject of submissions and referred to in summing up – Where jury note disclosed juror had searched internet for requirements of Working with Children Check – Where trial judge took verdicts which jury indicated they had reached unanimous verdict on before discharging juror – Whether information subject of inquiry about matter relevant to trial – Whether inquiry made for purpose of obtaining information about that matter – Whether mandatory discharge of juror required.