Ryan v WA [No 2]

[2011] WASCA 144

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Fresh evidence
4. › Whether fresh or new evidence gives rise to miscarriage of justice
5. › Unsworn statement of co-accused
6. › No evidence given at trial
7. › No reasons given for change in position
8. › Criminal Appeals Act 2004 (WA), s 30(3)(c)
1. Criminal Law
2. › Appeal against conviction
3. › Extension of time
4. › Whether extension should be granted where delay not adequately explained
5. › Whether exceptional circumstances or miscarriage of justice
6. › Criminal Appeals Act 2004 (WA), s 28(3)
1. Criminal Law
2. › Evidence
3. › Fresh evidence on appeal
4. › Requirements for adducing fresh evidence
5. › Recanting witnesses and analogous situations
6. › Assessment of cogency and plausibility
1. Evidence
2. › Admissibility
3. › Out-of-court confessions by co-accused
4. › Whether confession of co-accused admissible in favour of another accused

Quick Take

An unsworn statement from a co-accused claiming sole responsibility, obtained after trial, will not establish a miscarriage of justice where the co-accused is not called to give sworn evidence and submit to cross-examination, the statement contradicts the co-accused's prior position without explanation, and the circumstantial case against the appellant remains strong. The court set out five requirements that an appellant will generally need to meet to provide a proper foundation for a fresh evidence appeal.