Mansell v WA [No 6]

[2013] WASCA 120

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Unreasonable verdict
4. › Circumstantial evidence case
5. › Whether verdict open to jury
6. › Whether only rational inference consistent with guilt
7. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Criminal Law
2. › Evidence
3. › Circumstantial evidence
4. › Evaluation of circumstantial evidence as a whole
5. › Not to be considered piecemeal
1. Criminal Law
2. › Appeal
3. › Additional evidence on appeal
4. › Whether evidence capable of affecting outcome
5. › Forensic decisions by trial counsel

Quick Take

The case provides a detailed illustration of how the M v The Queen unreasonable verdict test applies to a wholly circumstantial murder case where the body was never found. The court emphasised that circumstantial evidence must be evaluated as a whole and that piecemeal challenge to individual strands of evidence is insufficient to establish an unreasonable verdict.