AK v The State of Western Australia

Criminal law – Appeals - Application of the proviso - Statutory requirement that reasons for judgment include the principles of law applied and the findings of fact relied upon - Failure to give reasons meeting statutory requirements in respect of central issue at trial - Failure to comply with statutory requirements an error of law - Appeal against conviction to be allowed unless Court of Appeal satisfied that no substantial miscarriage of justice had occurred - Whether no substantial miscarriage of justice had occurred.

Criminal law – Evidence - Identification - Complainant indecently dealt with by one of two males with whom she and her sister were sharing a bed - Complainant unable to identify the perpetrator by visual or aural means - Complainant adamant that the appellant was responsible - Whether identification warning needed - Whether finding of guilt unreasonable or not supported by evidence.

Criminal Appeals Act 2004 (WA) – s 30.

Criminal Procedure Act 2004 (WA) – ss 119, 120.