Henke v Director of Public Prosecutions [2011] HCATrans 42

In *Henke v Director of Public Prosecutions* [2011] HCATrans 42, the High Court of Australia considered an application for special leave to appeal against a decision of the Supreme Court of Queensland. The applicant, Mr Henke, sought to challenge his conviction for a serious criminal offence.

The central legal issue before the High Court was whether the applicant had been denied procedural fairness during his trial. Specifically, the applicant contended that the trial judge had erred in failing to grant a discharge of the jury when evidence was admitted that he argued was prejudicial and inadmissible.

Kiefel J, in refusing special leave, found that there was no arguable error of law in the decision of the Supreme Court of Queensland. Her Honour was not satisfied that the trial judge had failed to consider the applicant's application for a jury discharge, nor that the judge's ultimate decision to refuse the discharge was demonstrably wrong or unjust. The High Court concluded that the grounds for special leave were not made out.