Jaw v WA

[2013] WASCA 261

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Sexual offences against children
4. › Sexual penetration of child under 13 years
5. › Whether jury should have been directed as to alternative verdict of indecent dealing
6. › Criminal Code (WA), s 320(2), s 320(4)
1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Whether verdict unreasonable or cannot be supported
5. › Assessment of evidence including child complainant's testimony
6. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Criminal Law
2. › Appeal against conviction
3. › Prosecution disclosure
4. › Whether non-disclosure by State
5. › Obligation to disclose material that may assist defence
6. › Criminal Procedure Act 2004 (WA), s 95
1. Criminal Law
2. › Appeal against conviction
3. › Competence of witnesses
4. › Whether child aged 7 years was competent witness
5. › Evidence Act 1906 (WA), s 106B(3)

Quick Take

The case confirms that advanced age (68 at sentencing) does not carry significant weight in mitigation where the offender is in good health, shows no remorse, and is at high risk of reoffending for serious sexual offences against children. A total effective sentence of 10 years' imprisonment for repeated sexual offending against the same child was upheld as not disproportionate. The case also confirms that in non-homicide cases, the decision whether to leave an alternative verdict to the jury remains discretionary and will not be disturbed on appeal where neither party sought the direction at trial.