GBF v The Queen [2020] HCA 40

GBF v The Queen [2020] HCA 40

The impugned statement by the trial judge contradicted the correct directions previously given regarding the onus of proof and the exercise of the right to silence, and invited the jury to engage in a false process of reasoning. This constituted an irregularity amounting to a miscarriage of justice, requiring the appeal to be allowed and a new trial ordered.

Parties
Appellant: GBF; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Criminal Appeal / Appeal From the Court of Appeal of the Supreme Court of Queensland to the High Court of Australia
Outcome
appeal allowed
Legal Topics
Trial Directions, Jury Instructions, Miscarriage of Justice, Right to Silence, Presumption of Innocence
Criminal Law Trial Directions Jury Instructions Miscarriage of Justice Right to Silence Presumption of Innocence

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Parties

GBF

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From the Court of Appeal of the Supreme Court of Queensland to the High Court of Australia

Legal Issues

  1. 1 Whether the trial judge's statement inviting the jury to find it easier to accept the complainant's account due to the absence of sworn evidence from the accused occasioned a miscarriage of justice
  2. 2 Whether the impugned statement was a comment or direction of law
  3. 3 Whether failure by counsel to seek redirection affects the integrity of the trial

Ratio Decidendi

The impugned statement by the trial judge contradicted the correct directions previously given regarding the onus of proof and the exercise of the right to silence, and invited the jury to engage in a false process of reasoning. This constituted an irregularity amounting to a miscarriage of justice, requiring the appeal to be allowed and a new trial ordered.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 1 February 2019 and, in lieu thereof, order that the appeal to that Court be allowed and the appellant's convictions be set aside and a new trial be had.