Black v The Queen (1993) is a decision of High Court of Australia.
Contents
In the first trial, Black was found guilty of two crimes of arson by a jury but only after the trial judge had directed the jurors make a majority decision.
On appeal to the High Court of Australia, 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 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 been brought upon them.
The Court quashed the conviction, set aside the decision of the New South Wales Court of Criminal Appeal 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, a judge may make a "Black direction" to a jury.