Campbell v WA

(2016) 50 WAR 331; [2016] WASCA 156

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application for separate trials
4. › Whether primary judge erred in refusing separate trial
5. › Criminal Procedure Act 2004 (WA), s 133
1. Criminal Law
2. › Criminal complicity
3. › Joint criminal enterprise
4. › Whether s 7(a) of the Criminal Code (WA) incorporates the common law doctrine of joint criminal enterprise
5. › Whether participation in joint criminal enterprise is a basis for criminal liability under the Code
6. › Criminal Code (WA), s 7(a), s 8
1. Criminal Law
2. › Statutory interpretation
3. › Criminal Code (WA)
4. › Relationship between common law and Code provisions
5. › Whether common law principles of criminal complicity inform the construction of s 7(a)
6. › Criminal Code (WA), s 7

Quick Take

Practitioners in Western Australia should note that three judges of the Court of Appeal have expressed the view (in obiter) that s 7(a) of the Criminal Code (WA) incorporates the common law doctrine of joint criminal enterprise as a basis of liability, contrary to the obiter statements in L v The State of Western Australia [2016] WASCA 101.