LFG v WA

(2015) 48 WAR 178; [2015] WASCA 88

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction, practice and procedure
3. › Trial by judge alone
4. › Principles guiding exercise of discretion
5. › Whether interests of justice required judge-alone trial where propensity evidence admitted
6. › Whether risk of unfair prejudice from prior convictions could be cured by jury directions
7. › Criminal Procedure Act 2004 (WA), s 118
1. Criminal Law
2. › Evidence
3. › Propensity evidence
4. › Prior convictions for sexual offences against children
5. › Whether risk of unfair trial outweighs probative value
6. › Evidence Act 1906 (WA), s 31A
1. Criminal Law
2. › Appeal against conviction
3. › Inconsistent verdicts
4. › Whether verdicts of conviction inconsistent with acquittals on other counts
5. › Whether jury entitled to accept part of complainant's evidence and reject other parts
1. Criminal Law
2. › Appeal against conviction
3. › Unsafe and unsatisfactory verdicts
4. › Whether convictions unreasonable or unsupported having regard to evidence

Quick Take

The discretion to order trial by judge alone under s 118 of the Criminal Procedure Act 2004 (WA) requires engagement with the specific circumstances of the case, not merely reliance on the general proposition that juries can follow directions. Where propensity evidence of prior sexual convictions is admitted, the risk of prejudice is a factor that must be specifically addressed. However, the majority held that the proviso may apply even where the error relates to the form of trial, provided the appellate court is satisfied beyond reasonable doubt of guilt and that the trial was otherwise fair.