Mas v WA

[2012] WASCA 36

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Directions to jury
3. › Longman warning
4. › Adequacy of direction
5. › Whether direction must refer to 'actual' as opposed to potential prejudice from delay
6. › Whether words 'dangerous to convict' must be used
7. › Whether reference to prejudice to police from delay vitiates direction
8. › Direction viewed as a whole when assessing adequacy
1. Criminal Law
2. › Directions to jury
3. › Crofts direction
4. › Delay in complaint in sexual offence cases
5. › Whether jury properly directed that delay in complaining could be taken into account in assessing complainant's credibility
6. › Evidence Act 1906 (WA), s 36BD
1. Criminal Law
2. › Directions to jury
3. › Supporting evidence
4. › Whether Shepherd direction required where supporting evidence used only to assess credibility of complainant's direct evidence
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Sustained course of abuse by de facto parent
5. › Sentencing range
6. › Effect of plea of not guilty on sentencing range
7. › Totality principle
8. › Criminal Code (WA), ss 325, 329(2), 329(4)

Quick Take

A Longman direction need not use the words 'dangerous to convict' or 'great care' provided the direction as a whole adequately conveys the actual forensic disadvantage suffered by the accused and the risk of miscarriage of justice. References to prejudice to police investigations from delay are undesirable but will not vitiate the direction if the trial judge contextualises them as relating to lost opportunities to find exculpatory evidence. The post-transitional sentencing range for multiple sexual offences against children identified in VIM (6 years 8 months to 12 years 8 months for guilty pleas) should be escalated by approximately 25-33% for cases proceeding to trial.