Huxley v The Queen

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, STEWARD, GLEESON AND JAGOT JJBRENT MALCOLM HUXLEY  APPELLANTANDTHE QUEEN  RESPONDENTHuxley v The Queen[2023] HCA 40Date of Hearing: 7 September 2023Date of Judgment: 6 December 2023B19/2023ORDERAppeal dismissed. On appeal from the Supreme Court of QueenslandRepresentationA 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.CATCHWORDSHuxley v The QueenCriminal 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...