FJL v WA

[2010] WASCA 8

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Misdirection
4. › Longman warning
5. › Forensic disadvantages suffered by accused after lengthy delay
6. › Whether adequate warning given to jury
7. › Whether warning must refer to inability to adequately test complainant's evidence
8. › Evidence Act 1906 (WA), s 36BD
1. Criminal Law
2. › Appeal against conviction
3. › Retrial
4. › Whether retrial should be ordered after conviction quashed
5. › Relevant considerations
6. › Age and health of accused
7. › Strength of prosecution case
8. › Effect of acquittals on other counts
1. Criminal Law
2. › Evidence
3. › Corroboration
4. › Direction to jury on use of witness's observations
5. › Whether trial judge's reference to witness's 'conclusion' of impropriety constituted misdirection

Quick Take

A Longman direction must address both limbs of the forensic disadvantage: the loss of a chance to adequately test the complainant's evidence AND the loss of a chance to adequately marshal a defence. A direction confined to the second limb is inadequate. A delay of six months between offence and complaint does not call for a Longman direction. A Longman warning is a direction of law, not a mere observation on the facts.