Hoang v The Queen

The High Court of Australia considered an appeal by Mr Hoang against his convictions, following a jury trial in the District Court of New South Wales. The central issue on appeal concerned the alleged misconduct of a juror, specifically whether the juror's internet search regarding the requirements of a Working with Children Check constituted an offence under the *Jury Act 1977* (NSW) and, if so, whether this mandated the discharge of the juror.

The legal questions before the High Court were whether the juror's internet inquiry constituted "misconduct in relation to the trial" as defined by s 53A(1)(c) of the *Jury Act 1977* (NSW), which includes conduct constituting an offence against the Act. Specifically, the Court had to determine if the juror's search for information about Working with Children Check requirements was an "inquiry" made for the "purpose of obtaining information about any matters relevant to the trial," as proscribed by s 68C(1) of the Act.

The High Court found that the juror's internet search did constitute misconduct within the meaning of s 53A(1)(c) of the *Jury Act 1977* (NSW). The Court reasoned that the Working with Children Check was a matter relevant to the trial, and the juror's inquiry was made for the purpose of obtaining information about that matter. Consequently, the mandatory discharge provisions of s 53A(1)(c) were engaged. The Court allowed the appeal in part, setting aside the convictions on Counts 4 and 6 to 12 and ordering a new trial on those counts. The convictions on Counts 1 and 5 were affirmed, with the matter remitted to the Court of Criminal Appeal of New South Wales to consider consequential sentencing orders.