In Western Australia, there is no statutory or general law obligation on the prosecution to disclose the existence of potential witnesses or provide witness statements in advance of trial for offences dealt with summarily. Section 611B of the Criminal Code (WA) applies only where an indictment has been presented, and s 103 of the Justices Act 1902 (WA) applies only to indictable offences not dealt with summarily. The appropriate test for a no case to answer submission is whether the prosecution evidence taken at its highest is capable of establishing guilt beyond reasonable doubt (Morrison), not merely whether a prima facie case has been established ([name withheld] v [name withheld]).
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