Upton v WA

[2008] WASCA 54

Western Australia Court of Appeal

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Catchwords

1. Criminal Law
2. › Evidence
3. › Admissibility
4. › Intercepted telephone calls
5. › Calls between co-accused to which accused not a party
6. › Whether admissible as contextual or background evidence
7. › Whether admissible as propensity evidence
8. › Evidence Act 1906 (WA), s 31A
1. Criminal Law
2. › Evidence
3. › Propensity evidence
4. › Propensity warning
5. › Whether propensity direction required where evidence admitted as propensity evidence under s 31A
6. › Evidence Act 1906 (WA), s 31A
1. Criminal Law
2. › Evidence
3. › Hearsay
4. › Intercepted telephone calls
5. › Whether statements in calls led to prove truth of contents or fact that statements were made
1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against conviction
4. › Extension of time
5. › Whether appeal has reasonable prospect of success

Quick Take

Intercepted telephone calls between co-accused to which the accused was not a party may be admissible against the accused as contextual or background evidence where they place the relevant events in their true context and enable the jury to understand the nature of the accused's relationships and dealings. Where such evidence also constitutes propensity evidence satisfying s 31A(2) of the Evidence Act 1906 (WA), no propensity direction is required because such a direction would contradict the basis on which the evidence was admitted.