Coffman v The Queen

(2010) 202 A Crim R 375; [2010] WASCA 54

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Fresh evidence
4. › Recanting witnesses
5. › Police witnesses recanting evidence of fabricated admissions
6. › Whether transcripts of Royal Commission evidence admissible as fresh evidence
7. › Whether miscarriage of justice established
8. › Criminal Appeals Act 2004 (WA), s 30(3)(c)
1. Criminal Law
2. › Appeal against conviction
3. › Fresh evidence
4. › Circumstantial case
5. › Whether remaining circumstantial evidence sufficient to sustain conviction after exclusion of tainted police evidence
6. › Application of proviso
1. Evidence
2. › Hearsay
3. › Documentary evidence
4. › Admissibility of transcripts under statutory exception to hearsay rule
5. › Whether all reasonable efforts to find witness made without success
6. › Whether discretion to reject should be exercised
7. › Evidence Act 1906 (WA), ss 79B, 79C
1. Criminal Law
2. › Appeal against conviction
3. › Extension of time
4. › Long delay
5. › Whether miscarriage of justice if extension not granted
6. › Relevant factors including nature of delay, reasons for delay, merits of appeal, prejudice to parties

Quick Take

Where police witnesses have recanted their trial evidence at a Royal Commission and been given new identities, the question whether 'all reasonable efforts to find' them have been made 'without success' under s 79C(2)(d) of the Evidence Act 1906 (WA) turns on whether the word 'find' means merely to obtain knowledge of the witness's whereabouts (Martin CJ) or to locate them so they can be compelled to attend court (Pullin JA). Even where recantation evidence is admitted, a conviction will be upheld if the remaining circumstantial evidence is sufficiently strong that no reasonable jury would have acquitted. The court divided on whether the availability of an alternative mechanism for service of subpoenas through police intermediaries means the witness has been 'found'.