A trial judge's direction inviting the jury to assess witness credibility by reference to their interest in the outcome of the trial will constitute a fundamental misdirection even where the direction is expressed generally and not specifically directed at the accused, because the accused will inevitably be seen as having the greatest interest. Possession of property which it is unlawful to possess (such as cannabis) cannot constitute 'peaceable possession' for the purposes of s 251 of the Criminal Code (WA). Section 251 does not authorise the use of force to compel a person to reveal the whereabouts of property taken hours earlier at a different location; the section requires a temporal and physical nexus between the taking and the use of force.
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