Pickett v. The State of Western Australia
Mead v. The State of Western Australia
Mead v. The State of Western Australia
Anthony v. The State of Western Australia
TSM (A Child) v. The State of Western Australia

Case No. P45/2019, P46/2019, P47/2019, P48/2019, P49/2019
Case information

Lower Court Judgment

21/05/2019 Supreme Court of Western Australia (Court of Criminal Appeal) (Buss P, Mazza & Beech JJA)

[2019] WASCA 79

Catchwords

Criminal law – Derivative criminal liability – Where victim killed by stab wound to chest inflicted in course of attack by group of eight males – Where eight males ranged in age from 11 years to 29 years – Where State unable to prove beyond reasonable doubt which of them inflicted fatal stab wound – Where State did not prove that 11 year old had capacity under s 29 of Criminal Code (WA) – Whether appellants could be guilty by operation of ss 7(b), 7(c), or 8 of Criminal Code (WA) of offence founded upon act of 11 year old alleged co-offender when act of that child did not constitute offence because prosecution had not proved that child was criminally responsible for act.

Short Particulars

Documents

11/09/2019 Determination (SLA, Canberra)

20/09/2019 Notice of appeal

30/10/2019 Written submissions (Appellant - Pickett P45/2019)

30/10/2019 Chronology (Appellant - Pickett P45/2019)

30/10/2019 Written submissions (Appellant - S Mead P46/2019)

30/10/2019 Chronology (Appellant - S Mead P46/2019)

30/10/2019 Written submissions (Appellant - C Mead P47/2019)

30/10/2019 Chronology (Appellant - C Mead P47/2019)

30/10/2019 Written submissions (Appellant - Anthony P48/2019)

30/10/2019 Chronology (Appellant - Anthony P48/2019)

30/10/2019 Written submissions (Appellant - TSM P49/2019)

30/10/2019 Chronology (Appellant - TSM P49/2019)

27/11/2019 Written submissions (Respondent - Pickett P45/2019)

27/11/2019 Written submissions (Respondent - S Mead P46/2019)

27/11/2019 Written submissions (Respondent - C Mead P47/2019)

27/11/2019 Written submissions (Respondent - Anthony P48/2019)

27/11/2019 Written submissions (Respondent - TSM P49/2019)

18/12/2019 Reply (Respondent - Pickett P45/2019)

18/12/2019 Reply (Respondent - S Mead P46/2019)

18/12/2019 Reply (Respondent - C Mead P47/2019)

18/12/2019 Reply (Respondent - Anthony P48/2019)

18/12/2019 Reply (Respondent - TSM P49/2019)

13/03/2020 Hearing (Full Court, Canberra) (Audio-visual recording)

13/03/2020 Outline of oral argument (Appellants)

13/03/2020 Outline of oral argument (Respondent)

 29/05/2020 Judgment (Judgment summary)