Brown v WA

(2011) 207 A Crim R 533; [2011] WASCA 111

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Hearsay
4. › Exceptions to hearsay rule
5. › Out-of-court third party confessions
6. › Whether confessional statements by person other than accused admissible as to truth of content
7. › Whether court bound by Bannon v The Queen
1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Motor vehicle manslaughter
5. › Whether sentence manifestly excessive
6. › Relevance of range of sentences customarily imposed
7. › Drug-affected driving causing death
1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Whether extension of time should be granted
5. › Whether failure to grant would result in miscarriage of justice

Quick Take

Out-of-court confessional statements by third parties remain inadmissible as to their truth in Western Australia, following Bannon v The Queen. The Queensland line of authority (Condren, Zullo, K, Martin) should not be followed. Even if exceptions based on declarations against penal interest or necessity and reliability were recognised, the conditions of reliability, necessity, awareness of penal consequences, and corroboration must be met. A sentence of 8½ years' imprisonment for motor vehicle manslaughter involving severe methylamphetamine intoxication, absence of mitigating factors, and need for personal and general deterrence is within the range of a sound sentencing discretion.