Where evidence is received at a criminal trial without objection and the trial judge makes no ruling, the only avenue of appeal is miscarriage of justice under s 30(3)(c) of the Criminal Appeals Act 2004 (WA), not wrong decision on a question of law under s 30(3)(b). A trial judge is not generally obliged to intervene on admissibility absent objection unless the evidence is plainly prejudicial to the accused. Identification of blood stains by a lay witness is ordinarily a matter for expert opinion, but the point was not definitively decided.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
8 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.