The test for committal under the former Justices Act 1902 (WA) was whether there was a prima facie case upon which a reasonable jury, properly instructed, might find the accused guilty beyond reasonable doubt. It was not the function of the committing Magistrate to determine the merits of defences such as self-defence or provocation. Section 147 of the Justices Act excluded certiorari except for jurisdictional error. The majority held that evidence of self-defence and provocation was irrelevant at committal, though McLure J disagreed on this point. The question is now largely academic following the abolition of preliminary hearings.
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