Section 279(1)(c) of the Criminal Code (WA) contains no mental element, and a trial judge is not required to direct the jury on the distinction between objective and subjective assessment when directing on that provision; such a direction would be unnecessary and potentially confusing. An error in the exercise of discretion under s 111 of the Criminal Procedure Act 2004 (WA) to permit jury separation during deliberations does not establish a miscarriage of justice unless there is evidence that the integrity of the jury's deliberations was actually compromised.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.