Webb v The Queen; Hay v The Queen

These proceedings before the High Court of Australia concerned appeals by Webb and Hay against their convictions. The central dispute revolved around the circumstances under which Webb entered a guilty plea, which was subsequently withdrawn, and the subsequent trial of Hay. The appeals were brought following a decision by the Court of Criminal Appeal of South Australia.

The legal issues before the High Court included whether Webb's initial guilty plea was entered involuntarily, due to pressure and threats, and whether the trial judge erred in allowing the change of plea. Furthermore, the Court was required to consider the implications of pre-trial publicity and the empanelling of a jury for Webb's trial on the fairness of Hay's subsequent trial.

The High Court's reasoning focused on the principles governing the acceptance of guilty pleas and the right to a fair trial. It was held that a guilty plea must be voluntary and informed. The Court examined the evidence suggesting Webb's plea was entered under duress, which would render it invalid. The subsequent withdrawal of this plea and the commencement of a new trial for Hay were considered in light of potential prejudice arising from the earlier proceedings and publicity. The Court applied principles of criminal procedure and natural justice to determine if the convictions were sound.