OKS v. The State of Western Australia
Case No.
P62/2018
Case Information
Lower Court Judgment
11/04/2018 Supreme Court of Western Australia (Court of Appeal) (Buss P, Beech & Pritchard JJA)
Catchwords
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.
Documents
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)