Wongawol v WA

(2011) 42 WAR 91; [2011] WASCA 222

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Homicide
3. › Murder
4. › Construction of s 279(1)(b) Criminal Code (WA)
5. › Whether element of intention relates to nature of bodily injury as well as cause
6. › Whether test partly subjective and partly objective or wholly subjective
7. › Criminal Code (WA), s 279(1)(b)
1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Murder
5. › Life imprisonment with minimum period
6. › Whether minimum period of 14 years manifestly excessive
7. › Relevance of mental condition and dysfunctional background
8. › Criminal Code (WA), s 279(1)(b)

Quick Take

Section 279(1)(b) of the Criminal Code (WA) requires a partly subjective and partly objective test: the prosecution must prove the accused subjectively intended to cause bodily injuries which, assessed objectively, endanger life or would be likely to endanger life. There is no requirement to prove the accused was aware that the injuries would or could endanger life. This confirms the approach recommended by the Law Reform Commission and is consistent with the High Court's construction of materially similar language in Charlie v The Queen.