The absence of evidence as to an accused's disposition does not permit a positive or negative finding on the subject, and a good character direction is not available where the accused has admitted misconduct including destruction of evidence and making false reports. Evidence of post-offence conduct including flight from the jurisdiction is admissible in support of the prosecution's circumstantial case. The absence of a s 45(5) certificate under the Criminal Procedure Act 2004 (WA) does not of itself occasion relevant prejudice where the accused does not identify any material that was in existence but not provided.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.