HCF v The Queen [2023] HCA 35

HIGH COURT OF AUSTRALIA

GAGELER CJ,

EDELMAN, STEWARD, GLEESON AND JAGOT JJ

HCF APPELLANT

AND

THE QUEEN RESPONDENT

HCF v The Queen

[2023] HCA 35

Date of Hearing: 14 April 2023

Date of Judgment: 15 November 2023

B50/2022

ORDER

Appeal dismissed.

On appeal from the Supreme Court of Queensland

Representation

J R Hunter KC with S A Lynch for the appellant (instructed by Legal Aid Queensland)

C W Heaton KC with N W Crane for the respondent (instructed by Office of the Director of Public Prosecutions (Qld))

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

CATCHWORDS

HCF v The Queen

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".