Munmurrie v WA

[2007] WASCA 184

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Unsafe and unsatisfactory verdict
5. › Circumstantial case
6. › Whether verdict open to jury where cause of death unascertainable
1. Criminal Law
2. › Trial
3. › Directions to jury
4. › Circumstantial evidence
5. › Drawing of inferences
6. › Whether trial judge required to identify specific inferences consistent with innocence
1. Criminal Law
2. › Trial
3. › Directions to jury
4. › Defence of accident
5. › Whether direction required where no evidentiary foundation for defence
1. Criminal Law
2. › Evidence
3. › DNA evidence
4. › Admissibility
5. › Relevance to question of responsibility rather than cause of death
6. › Failure to call person who performed testing

Quick Take

In a circumstantial manslaughter case, the prosecution is not required to prove the cause of death or exclude natural causes; it must prove beyond reasonable doubt that the accused unlawfully killed the deceased. The absence of a determinable cause of death does not preclude a jury from inferring guilt from the totality of circumstantial evidence. A trial judge is not required to direct on the defence of accident where there is no evidentiary foundation for it, and is not required to identify every inference consistent with innocence provided the jury is properly directed on the standard for drawing adverse inferences.