Monday, April 16, 2012

Recent Criminal Law Decisions

RUSSELL-MILES -v- THE STATE OF WESTERN AUSTRALIA [2012] WASCA 57
Coram: McLURE P, NEWNES JA, MAZZA JA
Catchwords: Criminal law - Application for leave to appeal against conviction for murder
Whether trial judge omitted to give necessary direction to jury - No reasonable prospect of success on appeal - Application dismissed
Result: Application for leave to appeal dismissed
Representation: Counsel: Appellant: Mr S B Watters; Respondent: No appearance Solicitors: Appellant: David McKenzie Legal Pty Ltd;
Respondent: Director of Public Prosecutions (WA)


MGP -v- THE STATE OF WESTERN AUSTRALIA [2012] WASCA 52
Coram: McLURE P, BUSS JA, MAZZA JA
Catchwords: Criminal law - Appeal against conviction - Child sex offences - Whether the
trial judge permitted the prosecution to broaden its case, as opened, in relation to one count - Whether the trial judge erred by failing to give the jury a Zoneff direction - Proposed grounds of  appeal without any reasonable prospect of success - application for an extension of time to  appeal dismissed.
Result: Application for an extension of time to appeal dismissed
Representation: Counsel: Appellant: Mr A C McIntosh; Respondent: No appearance;
Solicitors: Appellant: Marshall Legal
Respondent: Director of Public Prosecutions (WA)


BURKE -v- CORRUPTION AND CRIME COMMISSION [2012] WASCA 49
Coram: MARTIN CJ, BUSS JA, MAZZA JA
Catchwords: Criminal law - Particular offences - Offences relating to the administration of justice - Appellant convicted by a magistrate of giving false evidence to Corruption and Crime Commission regarding whether he had asked the Minister to appoint a particular person to a  statutory board - Elements of the offence
Criminal law - Appeal - Whether the magistrate erred in finding that the appellant had asked the Minister to appoint a particular person to the statutory board  - Whether the meaning of a question, the answer to which is alleged to have been false and knowingly false, is determined by what the words uttered would convey to the mind of a reasonably well-informed listener - Whether the meaning of such question is determined by the appellant's  understanding of the question  - Whether the  magistrate erred in finding that the appellant's answer was knowingly false Criminal law - The rule in Browne v Dunn (1893) 6 R 67 HL  -Whether the magistrate's reliance, in part, on his finding that the appellant's answer to an alleged 'unrelated question' was knowingly false, in concluding that the prosecution had proved beyond reasonable doubt that the appellant had given knowingly false evidence before the Commission, vitiated the magistrate's conclusion or his reasoning in relation to that conclusion.
Result: Leave to appeal granted on amended grounds 1, 2 and 3; Appeal dismissed Representation: Counsel: Appellant: Mr G R Donaldson SC; Respondent: Mr J Mactaggart
Solicitors: Appellant: Lemonis/Tantiprasut
Lawyers; Respondent: Director of Public Prosecutions (WA)


PARGIN -v- KELLY [2012] WASC 68
Coram: MAZZA J
Catchwords: Criminal law  - Application for leave to appeal against decision - Discharging a firearm to cause fear  - Whether wrong test applied when considering s 233 of the Criminal  Code (WA) - Whether irrelevant considerations taken into account to assess 'reasonable  necessity'  - Whether wrong test applied when considering s 23(9a) of the Firearms Act 1973  (WA) - Whether decision to acquit unreasonable because of the weight of evidence  - Whether discharge of firearm was not to the danger of the occupants of the homestead
Result: Leave to appeal granted on grounds 1, 3 and 5 Leave to appeal refused on grounds 2 and 4 Appeal dismissed
Representation: Counsel: Appellant: Ms L A Eddy; Respondent: Ms K A Vernon; Solicitors: Appellant: State Solicitor for Western Australia
Respondent: WA Police Legal Services


THE STATE OF WESTERN AUSTRALIA -v- WESTBERG [2011] WASC 311
Coram: SIMMONDS J
Catchwords: Criminal law and procedure - Trial of issues for sentencing for murder within Criminal Code (WA) s 279(1)(b) - Whether offender aware at time of causing bodily injury of nature referred to in s 279(1)(b) that that injury was of that nature
Result: Reasons given
Representation: Counsel: Prosecution: Mr R G Wilson; Accused: Mr I D Hope; Solicitors:
Prosecution: Director of Public Prosecutions (WA); Accused: In person

(*From Loquitur, Criminal Lawyers Association WA)

No comments:

Post a Comment