Robinson v The Queen [1999] HCA 42

High Court of Australia Gleeson CJ McHugh, Kirby, Hayne and Callinan JJ Robinson v The Queen [1999] HCA 42

ORDER

1. Appeal allowed.

2. Set aside the orders of the Court of Appeal made on 20 March 1998 and in lieu thereof order that the appeal against convictions be allowed.

3. That the convictions and sentences be quashed.

4. That there be a new trial of the appellant.

[The Justices left the bench for a short time to consult.]

The following written reasons for judgment of The Court were published: —

Gleeson CJ.

In this matter the Court makes the following orders for which we will publish our reasons in due course: (a) appeal allowed; (b) set aside the orders of the Court of Appeal made on 20 March 1998 and in lieu thereof order that the appeal against convictions be allowed; (c) that the convictions and sentences be quashed; and (d) that there be a new trial of the appellant. The order that there should be a new trial of the appellant is not to be interpreted as an instruction to the prosecuting authorities that such a trial should take place. That will be a matter in their discretion, having regard to the facts and circumstances of the case.

2 September 1999 Gleeson CJ, McHugh, Kirby, Hayne and Callinan JJ

1. The principal issue in this appeal concerns the meaning and effect of s 632 of the Criminal Code Q, which came into force on 1 July 1997, and which concerns warnings and comments by trial judges to juries.

2. Following a trial before Judge Healy QC and a jury, the appellant was convicted of two offences of unlawful anal intercourse with a child under the age of twelve years. He was sentenced to concurrent terms of imprisonment of six years for each offence.

3. The appellant appealed against the convictions and sentences to the Queensland Court of Appeal [1] . By majority, the appeal was dismissed [2] .