In the case of R v HCS [2024] QCA 193 (The King v HCS), the Court of Appeal reviewed an appeal against the appellant's conviction on eight counts of sexual offenses against a child, who was both a cousin and later spouse. The primary contention was the jury's unsupervised access to the child's electronically recorded evidence, including a poor-quality s 93A interview recording admitted under the Evidence Act 1977 (Qld). The trial judge failed to provide directions that could prevent the jury from giving undue weight to this evidence, which led the Crown to concede that a miscarriage of justice occurred. Consequently, the guilty verdicts for counts 2 to 8 and count 10 were set aside, with the matter remitted to the District Court at Southport for a retrial.
Full text: https://www.sclqld.org.au/caselaw/149840