By Dr Michelle Sharpe -
Key decisions
- Huxley v The Queen [2023] HCA 40
- Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43
CRIMINAL PRACTICE
Directions to jury
In Huxley v The Queen [2023] HCA 40 (6 December 2023), the High Court was required to determine whether the trial judge’s direction to the jury involved a ‘wrong decision of any question of law’ within the meaning of s 668E of the Criminal Code (Qld) (‘Criminal Code’) or a miscarriage of justice in the appellant’s conviction for murder.
The appellant, Mr Huxley, was charged with the murder of Mr McCabe. Mr Huxley was tried with two co-accused. One of the co-accused, Mr Rewha, was charged with assault occasioning bodily harm. The Crown alleged that Mr Rewha assaulted Mr McCabe in a unit in Townsville. At trial, the Crown adduced evidence from Ms Greer who entered the unit and saw Mr Rewha with a bloodied Mr McCabe. Mr Huxley was not present at the alleged assault. However, the Crown alleged that, sometime later, Mr Huxley took Mr McCabe from his unit to another location (where Mr McCabe’s remains were found) and killed him. At trial, Mr Huxley relied on Ms Greer’s evidence to argue, in his defence, that there was a reasonable possibility the fatal injuries were inflicted by Mr Rewha at the unit and not at the other location.
