H v The Queen

This matter came before the High Court of Australia on appeal from a decision of the Court of Criminal Appeal of New South Wales. The appellant had been convicted on six counts of sexual intercourse with a person above the age of 10 and under the age of 16. Four of these counts involved digital penetration, and two involved cunnilingus. The appellant was convicted of four counts of attempt relating to the digital penetration and of cunnilingus in relation to the other two counts. The appeal to the High Court concerned questions arising in relation to the attempted offences.

The legal issues before the High Court primarily concerned the adequacy of the jury directions regarding the concept of "attempt" in the context of the charges. Specifically, the appeal raised questions about how the jury should have been directed on the elements of attempt, particularly in light of jury concerns about the medical evidence and the definition of sexual intercourse. The appellant also contended that there was a defect in the directions given to the jury concerning the attempted offences.

The Court was required to consider the application of the relevant provisions of the Crimes Act concerning attempt and alternative verdicts. The appellant argued that the jury directions were deficient, impacting the validity of the convictions for attempted offences. The practical significance of the appeal lay in the potential for the quashing of convictions for attempted offences, which could lead to resentencing on the remaining counts, even though the sentences were concurrent. This was particularly relevant given the impending expiry of the appellant's sentence.