Clarke v WA

[2013] WASCA 67

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against conviction
4. › Whether verdicts unreasonable or unsupported having regard to the evidence
5. › Test for unreasonable verdict
6. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Criminal Law
2. › Evidence
3. › Admissions
4. › Pretext telephone call
5. › Voluntariness of admissions
6. › Whether victim was agent of police
7. › Whether admissions involuntary
1. Criminal Law
2. › Evidence
3. › Admissions
4. › Discretion to exclude
5. › Public policy
6. › Unfairness
7. › Whether prejudicial effect outweighed probative value
1. Criminal Law
2. › Evidence
3. › Propensity evidence
4. › Relationship evidence
5. › Whether probative value outweighed risk of unfair trial
6. › Adequacy of jury directions
7. › Evidence Act 1906 (WA), s 31A

Quick Take

The starting point of 4 to 6 years' imprisonment for 'ordinary' cases of sexual penetration without consent (s 325 Criminal Code (WA)) was confirmed. A pretext telephone call arranged by police, where the victim is not acting as an agent of police and the suspect participates freely, does not render admissions involuntary. A prior consensual sexual relationship between offender and victim is not a mitigating factor in sentencing for sexual penetration without consent.