HCF v The QueenCitation:[2023] HCA 35Before:Gageler CJ, Edelman, Steward, Gleeson, Jagot JJDate:15 Nov 2023Case Number:B50/2022Read more
Juror misconduct involving independent research and sharing of that research with other jurors, contrary to judicial directions, constitutes a miscarriage of justice as it undermines the integrity of the trial process.
- Parties
- Appellant: Appellant; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 15 November 2023
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Jury Misconduct, Miscarriage of Justice, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether juror misconduct through independent internet research and sharing of that research with other jurors constituted a miscarriage of justice
- 2 Whether the conduct of the juror and the jury's failure to inform the trial judge undermined the integrity of the trial process
Ratio Decidendi
Juror misconduct involving independent research and sharing of that research with other jurors, contrary to judicial directions, constitutes a miscarriage of justice as it undermines the integrity of the trial process.
Court Disposition
appeal allowed
Orders
- Convictions quashed
- New trial ordered
Full Case Text
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