''Black v The Queen''
[.] is a decision of the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
.
In the first trial, Black was found guilty of two crimes of
arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ...
by a
jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
but only after the trial judge had directed the jurors make a majority decision.
On appeal to the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
, the decision was set aside, and a new trial ordered.
The Court's finding
The majority ruling found that judge did not instruct the jury appropriately in relation to the flaws in the police interviews. They found that the trial judge should have told them to scrutinise police interviews closely. It additionally found that the jury must be free to deliberate without any pressure being brought upon them.
The Court quashed the conviction, set aside the decision of the
New South Wales Court of Criminal Appeal
The New South Wales Court of Criminal Appeal, part of the Supreme Court of New South Wales, is the highest court for criminal matters and has appellate jurisdiction in the Australian State of New South Wales.
Jurisdiction
The Court hears appea ...
and ordered a new trial.
Broader applications
In Australian law, a "Black direction" is a direction by a judge to a jury to reconsider the votes of a small number of jury members.
In
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
, a judge may make a "Black direction" to a jury.
See also
*
Allen v. United States (1896)
''Allen v. United States'', 164 U.S. 492 (1896), was a United States Supreme Court case that, amongst other things, approved the use of a jury instruction intended to prevent a hung jury by encouraging jurors in the minority to reconsider. The C ...
References
High Court of Australia cases
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