Merrey v WA

[2010] WASCA 62

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Directions to jury
4. › Fairness and balance of directions
5. › Whether trial judge adequately put defence case
1. Criminal Law
2. › Appeal against conviction
3. › Directions to jury
4. › Evidence for determination of verdicts
5. › Whether jury directed to consider all evidence including accused's evidence
6. › Liberato direction
7. › Longman warning
1. Evidence
2. › Cross-examination
3. › Rule in Browne v Dunn
4. › Scope and application in criminal proceedings
5. › Two aspects of the rule
6. › Whether prosecution obliged to put allegations to accused where accused already on notice
7. › Whether failure to cross-examine on matter amounts to acceptance of evidence
1. Criminal Law
2. › Appeal against conviction
3. › Extension of time
4. › Whether extension should be granted
5. › Criminal Code (WA), s 329(2)

Quick Take

The rule in Browne v Dunn has two related aspects: a procedural fairness requirement for notice of challenges to evidence, and an evidentiary consequence relating to the weight of unchallenged evidence. The prosecution is not required to put to an accused that he committed the offences or that his evidence is false where the accused is already on notice of those matters from the conduct of the prosecution case and where the response could only be a bare denial already given. The adequacy of jury directions must be assessed by reference to the directions as a whole.