A former mathematics tutor jailed for 24 years will stand trial again after most of his convictions for sexual crimes against children were overturned by the High Court due to a juror's misconduct.
Quy Huy Hoang, now in his 70s, was found guilty in 2015 by a NSW District Court jury of 10 charges including sexual intercourse with a child and indecent assault.
He was sentenced to a non-parole period of 18 years for the alleged sexual abuse of five children whom he gave private lessons between 2007 and 2014 in their family homes.
On Wednesday the High Court quashed Hoang's convictions where guilty verdicts were entered before a jury member was discharged for Google searching evidence in the trial.
Hoang was ordered to stand trial again on those counts.
The Court of Criminal Appeal will deal with the remaining charges that were entered following that juror's dismissal.
In the trial the Crown led evidence that the maths tutor did not hold a working with children check, while his defence relied on character evidence to argue against this point.
After the jury had retired to deliberate its verdict, the foreperson returned a note they had reached agreement on eight of the 12 charges, before submitting another note the following day.
That letter stated that one juror had disclosed they "google/looked up on the internet the requirements for a working with children check," the previous evening.
"The juror had previously been a teacher and was curious as to why they themselves did not have a check. They discovered the legislation, which was only introduced in 2013."
The trial judge received the 10 verdicts, eight of which the jury said were reached prior to the internet search, and then discharged that jury member.
Hoang later failed to overturn his convictions in the Court of Criminal Appeal who ruled that juror had not engaged in misconduct as the inquiry related to herself for personal reasons, and was not a matter relevant to the trial.
But on Wednesday the High Court stated the Jury Act is not concerned with the juror's motive in making an inquiry for the purpose of obtaining information about a matter relevant to the trial.
The trial judge who directly ordered the jury not to conduct any internet searches relating to the trial found the juror was guilty of misconduct.
But the judge failed to discharge her before taking the 10 verdicts, and was in error for doing so, the High Court ruled.
