Dunn v The Queen

(2015) 252 A Crim R 147; [2015] WASCA 126

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Directions to jury
4. › Evidence of co-conspirator
5. › Whether trial judge failed adequately to direct jury as to special scrutiny of co-conspirator's evidence
6. › Whether co-conspirator's evidence that of accomplice requiring special direction
1. Criminal Law
2. › Appeal against conviction
3. › Directions to jury
4. › Co-conspirator's guilty plea
5. › Whether guilty plea of co-conspirator admissible against accused
6. › Whether trial judge required to direct jury that plea not evidence against accused
7. › Evidence Act 1906 (WA), s 50
1. Criminal Law
2. › Appeal against conviction
3. › Proviso
4. › Substantial miscarriage of justice
5. › Whether no substantial miscarriage of justice in fact occurred
6. › Independent assessment of evidence by appellate court
7. › Criminal Appeals Act 2004 (WA), s 30(3), s 30(4)

Quick Take

Where a co-conspirator who has pleaded guilty to the conspiracy charge gives evidence at the trial of another alleged co-conspirator, the trial judge must direct the jury that the plea of guilty is not admissible against the other accused as evidence of the existence of the conspiracy or of the other person's participation in it. However, the failure to give such a direction does not necessarily result in a miscarriage of justice where the appellate court is independently satisfied beyond reasonable doubt of the appellant's guilt on its own assessment of the trial record.