Rogers v WA

[2008] WASCA 201

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Whether jury's verdict unreasonable
5. › Conflicting evidence on self-defence
6. › Whether open to jury to be satisfied beyond reasonable doubt
7. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Criminal Law
2. › Defences
3. › Self-defence
4. › Whether force used reasonably necessary to make effectual defence
5. › Whether jury entitled to find excessive force
6. › Criminal Code (WA), s 248
1. Criminal Law
2. › Defences
3. › Honest and reasonable mistake of fact
4. › Whether defence open on the evidence
5. › Whether trial judge obliged to direct jury on defence not raised by counsel
6. › Criminal Code (WA), s 24
1. Criminal Law
2. › Trial
3. › Directions to jury
4. › Obligation of trial judge to direct on all defences open on the evidence
5. › Whether defence of mistake reasonably open on the evidence

Quick Take

The defence of honest and reasonable mistake of fact under s 24 of the Criminal Code (WA) is not open where the evidence is polarised between the accused actually being assaulted and not being assaulted at all, with no evidence suggesting any misapprehension of fact. A defence of mistake, like provocation, cannot be constructed out of speculation and suppositions about mere possibilities; there must be some evidentiary foundation.