Hill v WA

[2015] WASCA 17

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Manslaughter
3. › Unlawful killing
4. › Defence of accident
5. › Whether death was foreseeable consequence of assault
6. › Whether trial judge's directions on accident were adequate
7. › Criminal Code (WA), s 23B
1. Criminal Law
2. › Trial
3. › Summing up
4. › Directions to jury
5. › Extent of obligation to refer to evidence in detail
6. › Whether sufficient to make general reference to evidence already summarised
7. › Whether trial judge obliged to repeat evidence summary
1. Criminal Law
2. › Trial
3. › Defences
4. › Obligation to leave defences to jury
5. › Whether evidential basis existed for defence of accident beyond seizure possibility
6. › Distinction between causation and accident

Quick Take

Evidence that the cause of death could not be determined on the basis of observable injuries does not, in itself, support the defence of accident under s 23B of the Criminal Code (WA). A trial judge is not required to repeat a detailed summary of expert evidence in the context of accident directions where that evidence has already been summarised in the immediately preceding causation directions and a general reference to it is made.