A misdirection in failing to leave the second limb of s 248 of the Criminal Code 1913 (WA) (self-defence involving force likely to cause death or grievous bodily harm) for the jury does not result in a miscarriage of justice where the trial judge has given a direction under s 24 (honest and reasonable mistake) that is more favourable to the accused, and the jury has convicted notwithstanding that more favourable direction. The Court also expressed doubt whether s 24 is available at all in the context of s 248 self-defence, but left this question open.
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