Hubert v The Queen

This matter came before the High Court of Australia, constituted by Brennan, Gaudron, and McHugh JJ, on an application for special leave to appeal. The applicant, Hubert, sought to challenge decisions of the Court of Criminal Appeal of Western Australia. The primary complaint concerned the alleged misdirection by the trial judge regarding section 266 of the Criminal Code and the issue of causation, which the applicant argued led to a miscarriage of justice.

The legal issues before the High Court included whether the Court of Criminal Appeal erred in finding that, despite potentially incorrect directions on the law relating to section 266 of the Criminal Code and the concept of accident, no miscarriage of justice had occurred. Specifically, the applicant contended that the jury might have reached a different verdict had the directions been correct, particularly in light of the trial judge's explanation of section 266 and the concept of likely or probable consequences of an action.

The High Court considered the applicant's submission that the trial judge's directions, when read together, created a dangerous combination for the jury, potentially detracting from their consideration of the applicant's actual intention. Brennan J questioned the applicability of section 266, noting it was intended to provide a causal link between an omission and a result, whereas the case involved a positive act of stabbing that caused death. The Court also referred to the principle from *Ugle* that if inadmissible evidence or incorrect directions deprived an applicant of a chance that was fairly open, a miscarriage of justice could be found. The application for special leave was ultimately refused.