Full Court Minute Books

Case P62/2018

OKS v. The State of Western Australia

Case No.


Case Information

Lower Court Judgment

11/04/2018 Supreme Court of Western Australia (Court of Appeal) (Buss P, Beech & Pritchard JJA)

[2018] WASCA 48


Criminal law – Jury directions – Application  of  proviso – Criminal Appeals Act 2004 (WA) s 30(4) – Where appellant charged with four counts of indecently dealing with child – Where appellant acquitted of all but one count – Where trial judge directed jury not to reason all complainant’s evidence dishonest and cannot be relied upon on basis complainant told or admitted she told lie – Where Court of Appeal found direction erroneous but dismissed appeal on basis no substantial miscarriage of justice occurred – Whether the Court of Appeal erred in applying proviso and failing to quash the appellant’s conviction.

Short particulars


16/11/2018 Hearing (SLA, Canberra v/link Perth)

29/11/2018 Notice of appeal

24/12/2018 Written submissions (Appellant)

24/12/2018 Chronology (Appellant)

10/01/2019 Written submissions (Respondent)

25/01/2019 Reply

14/02/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

14/02/2019 Outline of oral argument (Appellant)

14/02/2019 Outline of oral argument (Respondent)

20/03/2019 Judgment (Judgment summary)