A jury direction that the degree of negligence required for criminal negligence must be 'grave', coupled with the statement that 'it's not simply any neglect that would justify a criminal conviction', is adequate to convey the criminal standard of negligence under s 266 of the Criminal Code (WA). A decision tree that does not state the criminal standard of negligence will not mislead the jury where the oral directions given simultaneously correctly state the standard. A misdirection on an element of the offence does not automatically preclude application of the proviso under s 30(4) of the Criminal Appeals Act 2004 (WA). Section 92 of the Criminal Procedure Act 2004 (WA) is procedural only, specifying the method of trial, and is not breached by a misdirection on the law.
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