Read v The Queen

This matter concerns an application for special leave to appeal to the High Court of Australia by the applicant, Read, against the disposition of his appeal by the Tasmanian Court of Criminal Appeal. The applicant sought to raise two general points of importance to the administration of criminal justice: the application of majority verdicts and the operation of the proviso.

The legal issues before the High Court involved questions concerning the circumstances under which a trial judge should exercise greater vigilance when dealing with jury deliberations in cases where majority verdicts are permissible. Specifically, the applicant argued that the trial judge ought to have intervened or given a particular direction to the jury, given indications that the jury was experiencing difficulty in reaching a verdict.

The applicant's submissions contended that the trial judge failed to exercise sufficient care in managing the jury's deliberations. This was based on observations that the jury's deliberations were lengthy, particularly in a case that essentially involved a contest between the complainant, an eyewitness, and the applicant, despite some corroborating evidence. Further, the applicant highlighted comments from the jury foreman expressing reservations about being sequestered for a second night and indicating slow progress, suggesting that the trial judge should have recognised the jury's difficulties and intervened appropriately.