Huxley v The Queen [2023] HCA 40

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, STEWARD, GLEESON AND JAGOT JJ

BRENT MALCOLM HUXLEY APPELLANT

AND

THE QUEEN RESPONDENT

Huxley v The Queen

[2023] HCA 40

Date of Hearing: 7 September 2023

Date of Judgment: 6 December 2023

B19/2023

ORDER

Appeal dismissed.

On appeal from the Supreme Court of Queensland

Representation

A M Hoare with S G Moon and N J Edridge for the appellant (instructed by Bressington & Partners Solicitors)

C W Wallis with E L Kelso 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

Huxley v The Queen

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".