SUPREME COURT OF QUEENSLAND
CITATION:
R v Harris [2025] QCA 58
PARTIES:
R
v
HARRIS, Richard John
(appellant)FILE NO/S:
CA No 173 of 2024
DC No 26 of 2023DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Hervey Bay – Date of Conviction: 29 July 2024 (Farr SC DCJ)
DELIVERED ON:
Date of Orders: 28 March 2025
Date of Publication of Reasons: 2 May 2025DELIVERED AT:
Brisbane
HEARING DATE:
4 February 2025
JUDGES:
Boddice and Brown JJA and Williams J
ORDERS:
Date of Orders: 28 March 2025
1. The appeal be allowed.
2. The verdicts of guilty below be set aside.
3. There be a new trial in respect of counts 1 and 2.
CATCHWORDS:
CRIMINAL LAW – PROCEDURE – JURIES – DISCHARGE AND EXCUSING FROM ATTENDANCE – INDIVIDUAL JURORS – where the appellant was convicted after trial before a jury of one count of rape and one count of sexual assault – where the jury had been deliberating for a day and a half – where the jury had indicated a deadlock – where the trial judge adjourned until Monday the following week – where, on that Monday, a juror informed the Court that they were unable to attend Court due to a family health crisis – where the trial judge discharged the juror pursuant to s 56 of the Jury Act 1995 (Qld) – where the trial continued with 11 jurors, rather than 12 – whether proper enquiries were undertaken to establish satisfaction of the relevant pre-condition under s 56 of the Jury Act – whether the trial judge erred in discharging the juror
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – MISDIRECTION – where the appellant was convicted after trial before a jury of one count of rape and one count of sexual assault – where the jury had indicated a deadlock – where the trial judge discharged an individual juror – where the trial continued with 11 jurors, rather than 12 – where the trial judge received a note from the jury enquiring as to what constitutes a majority verdict – where the trial judge proceeded to direct the jury as to the availability of a majority verdict – whether there had been satisfaction of the pre-condition that the jury was unlikely to reach a unanimous verdict under s 59A of the Jury Act 1995 (Qld) – whether a miscarriage of justice occurred by allowing for a majority verdict to be taken in those circumstances
Jury Act 1995 (Qld), s 56, s 59A
Black v The Queen (1993) 179 CLR 44; [1993] HCA 71, cited
R v McClintock [2010] 1 Qd R 354; [2009] QCA 175, citedCOUNSEL:
P J Wilson for the appellant
M A Green for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
BODDICE JA: On 29 July 2024, a…
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- AGLC
- R v Harris [2025] QCA 58
- Case
- [2025] QCA 58
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the trial judge erred in discharging the juror without first ensuring the jury was unlikely to reach a unanimous verdict, and whether the trial judge erred in allowing a majority verdict to be taken without the pre-condition under section 59A of the Jury Act being satisfied. The court also had to determine whether the circumstances amounted to a miscarriage of justice.
The court found that the trial judge did not undertake the necessary enquiries to establish satisfaction of the pre-condition under section 56 of the Jury Act. The court also found that the trial judge erred in discharging the juror without first confirming that the jury was unlikely to reach a unanimous verdict. The court held that there had been a miscarriage of justice because the jury was allowed to take a majority verdict without the pre-condition being satisfied. The court set aside the guilty verdicts and ordered a new trial in respect of counts 1 and 2.
Orders
Orders of the court
Date of Orders: 28 March 2025
1. The appeal be allowed.
2. The verdicts of guilty below be set aside.
3. There be a new trial in respect of counts 1 and 2.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
During the interview, police asked the appellant about the pretext telephone call between him and the complainant. The appellant said the conversation was “about last night and how [the complainant] felt uncomfortable”. He was a little bit shocked because he did not agree with how she said things had happened. He accepted that he had apologised to the complainant in that conversation. Using the word “sorry” was “just because we got frisky, like, or like playing around”. The appellant also accepted that he had sent a text message to the complainant that morning. He had said sorry in that text because he had never meant for anything to happen. The emoji he sent was not crying; it was “hot and heavy”.Jury deliberations The jury retired to consider their deliberations at lunch time on day three of the trial. The evidence had concluded on the afternoon of day two and addresses had taken place on the morning of day three. The jury were sent home at 4.30 pm and returned and commenced deliberating at 9.00 am on the morning of day four of the trial. That afternoon, the jury sent two notes to the trial judge. The first asked a question in relation to count 1. The second indicated that despite their best endeavours, they were unlikely to reach a unanimous decision in respect of count 3. After receiving submissions from counsel, the trial judge indicated that he would give redirections in full in relation to mistake of fact and in response to the note in respect of count 1. The trial judge continued, “Insofar as the second question is concerned, unlikely to reach a unanimous decision, it seems to me that a Black Direction would be appropriate at this stage”. However, the trial judge said that as they had been deliberating all day and it was a very long day, he would redirect the jury in respect of count 1 and ask if they would like to continue with the deliberations, indicating that there was another direction that he could give them in relation to count 3, but asked whether they would prefer to leave it until the following Monday morning. Consistent with that indication, the trial judge redirected the jury in respect of matters relevant to the note in respect of count 1 and said, in relation to the second note:“Now, in relation to your second note, which relates to count 3, there is a direction that I can give you but first, I wanted to ask you this question: you have been deliberating since 9 o’clock this morning, so you had an early start. I was not intending on letting you go until 4.30 this afternoon because that is an extremely long day to be deliberating and I know it is exhausting. So I was minded to end the day’s proceedings at 4 o’clock this afternoon but I wanted to ask you would you prefer to continue deliberating now until 4 o’clock, after I give a further direction, and you can go outside and discuss this amongst yourselves before you answer this, or alternatively, you may wish to – you can either keep deliberating until 4 o’clock if you wish to do so but if you do not wish to do so, I am just as happy to adjourn the proceedings for the day and we will come back on Monday morning, starting fresh again and I will give you, I think, then the direction that I can give you because it would be more appropriate to do it closer to the time that you are deliberating.So those are your two options but would you like to discuss it amongst yourselves? Take a few minutes to discuss it and let me know what you want do and I will do whatever you prefer. All right. All right. Well, if you go with the Bailiff to the jury room and let him know when you have [indistinct] what you are doing or what you would like to do.”[1][1]AB 81/25–45.