HIGH COURT OF AUSTRALIA
FRENCH CJ,
KIEFEL, BELL, GAGELER AND GORDON JJLESLIE GLYN SMITH APPELLANT
AND
THE QUEEN RESPONDENT
Smith v The Queen
[2015] HCA 27
5 August 2015
B18/2015
ORDER
Appeal dismissed.
On appeal from the Supreme Court of Queensland
Representation
A Boe with P Morreau and S McGee for the appellant (instructed by Biggs Fitzgerald Pike Solicitors)
A W Moynihan QC with S J Hedge for the respondent (instructed by Director of Public Prosecutions (Qld))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Smith v The Queen
Criminal law – Appeal – Appeal against conviction – Fair trial – Procedural fairness – Jury disclosed interim votes and interim voting patterns to judge – Judge did not disclose jury's interim votes or voting patterns to counsel – Judge's obligation to inform counsel of precise terms of jury's questions – Whether appellant denied procedural fairness by non-disclosure of jury's interim votes and voting patterns – Whether jury's interim votes and voting patterns relevant consideration to issue before court – Whether jury's interim votes and voting patterns relevant to discretion to permit majority verdict or discharge jury – Whether disclosure of jury's interim votes and voting patterns necessary for proper performance of jury's functions.
Criminal law – Confidentiality of jury deliberations – Directions to jury – Directions not to communicate or reveal interim votes or interim voting patterns to court – Whether appropriate for trial judge to inquire of jury as to interim votes or voting patterns.
Words and phrases – "capacity to influence the trial judge's exercise of discretion", "confidentiality of jury deliberations", "interim votes", "interim voting patterns", "necessary for the proper performance of the jury's functions", "procedural fairness".
Jury Act 1995 (Q), ss 50, 59A, 60(1), 70.
FRENCH CJ. I agree with Gordon J.
KIEFEL J. I agree with Gordon J.
BELL J. I agree with Gordon J.
GAGELER J. I agree with Gordon J.
GORDON J. The appellant was charged with one count of rape. He was tried in the District Court of Queensland by judge and jury. After the jury retired to consider its verdict, the trial judge received a note from the jury which disclosed interim votes of the jury and the voting pattern for each disclosed interim vote. The trial judge told counsel that the note indicated that the jury was not in total agreement but the trial judge did not disclose to counsel those interim votes or interim voting patterns. Did the failure of the trial judge to inform counsel of those interim votes and interim voting patterns constitute a denial of procedural fairness? The answer to that question is no.
There was no denial of procedural fairness. The interim votes and interim voting patterns of the jury were not relevant to the future conduct of the trial. What was relevant to the issue before the court about the future conduct of the trial were the jury speaker's…
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- AGLC
- Smith v The Queen [2015] HCA 27
- Case
- [2015] HCA 27
- Decision Date
CaseChat Overview and Summary
The High Court of Australia was required to determine whether the trial judge's failure to disclose the jury's interim votes and voting patterns to counsel constituted a denial of procedural fairness. This involved considering whether such information was relevant to any issue before the court, including the exercise of the judge's discretion regarding majority verdicts or the discharge of the jury, and whether disclosure was necessary for the proper performance of the jury's functions. The court also considered the appropriateness of a trial judge inquiring about interim votes or voting patterns, and the principle of confidentiality in jury deliberations.
The High Court reasoned that the interim votes and voting patterns of the jury were not relevant to any issue before the court. The court distinguished between jury questions that directly address the ultimate question of guilt or the inability to reach a verdict, which are material and require disclosure to counsel, and questions that are merely steps towards a final conclusion. The judge's obligation to inform counsel of the precise terms of jury questions arises because those questions are relevant to the issues before the court. In this instance, the jury's interim voting information was not considered relevant to the future conduct of the trial or the judge's discretion.
The appeal was dismissed. The Court concluded that the non-disclosure of the jury's interim votes and voting patterns did not amount to a denial of procedural fairness, as this material was not relevant to any issue before the court.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: FRENCH CJ, KIEFEL J, BELL J, GAGELER J, GORDON J
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