Eagd v WA [No 2]

[2014] WASCA 68

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Trial by judge alone
5. › Whether verdict unreasonable or unsupported having regard to the evidence
6. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Criminal Law
2. › Common purpose
3. › Probable consequence
4. › Meaning of 'probable consequence' under s 8 of the Criminal Code (WA)
5. › Whether unlawful killing was a probable consequence of drag racing at high speed on a suburban street
6. › Criminal Code (WA), s 8
1. Criminal Law
2. › Manslaughter
3. › Unlawful killing under circumstances not constituting murder
4. › Common purpose liability
5. › Drag racing
6. › Criminal Code (WA), s 280

Quick Take

A drag race on a suburban street at school break-up time, where vehicles reached speeds of 120-150 km/h in a 70 km/h zone, satisfies the 'probable consequence' test under s 8 of the Criminal Code (WA) — the killing of another person 'could well happen' in the prosecution of such an unlawful purpose. An implicit challenge to race, in the context of prior discussions about racing, is sufficient to establish a common intention to prosecute an unlawful purpose under s 8.