White v Goodger

[2001] WASCA 259

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction for assault
4. › Whether conviction unsafe and unsatisfactory
5. › Inconsistencies in prosecution witness evidence
6. › Credibility findings of Magistrate
7. › Deference to trial court's advantage in seeing and hearing witnesses
1. Appeal
2. › Standard of appellate review
3. › Appeal from Magistrate's Court
4. › Credibility-based findings of fact
5. › Whether appellate court may interfere with credibility findings
6. › Advantage of trial court in seeing and hearing witnesses

Quick Take

The principles governing appellate review of unsafe and unsatisfactory verdicts (M v The Queen) and deference to credibility findings (Devries, Rosenberg v Percival) apply equally to appeals from Magistrates' Courts in criminal proceedings. A Magistrate is not required to address each individual inconsistency in witness evidence; it is sufficient to conclude that despite inconsistencies, the witnesses were truthful.