KE v The Queen

KE was convicted of multiple serious offences, and subsequently appealed against the conviction. The appeal centred around the trial judge's direction to the jury instead of giving a direction as outlined in the case of Black. The legal issue was whether the trial judge's direction resulted in a miscarriage of justice. The court had to consider whether the direction given was a proper perseverance direction, and if the failure to give a Black direction resulted in a miscarriage of justice.

The court found that the direction given by the trial judge was not a proper perseverance direction as it did not require the jury to consider whether they were able to follow the trial judge's direction. The court further found that the failure to give a Black direction resulted in a miscarriage of justice, as it meant that the jury was not properly directed in relation to the standard of proof required for the verdicts of guilty. The court held that the trial judge ought to have given a Black direction, and that the failure to do so resulted in a miscarriage of justice.

As a result of the above findings, the court allowed the appeal, quashed the verdicts of guilty returned by the jury and ordered a retrial. The court found that the error in the direction given to the jury was not a minor error, but rather a fundamental error that went to the heart of the trial. The court held that the only appropriate remedy was to allow the appeal, quash the verdicts of guilty, and order a retrial. The court did not find it necessary to order a new trial as the evidence was still fresh in the minds of the witnesses and the parties.