Sam v WA [No 2]

[2016] WASCA 64

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against conviction
4. › Incompetence of counsel
5. › Failure to cross-examine complainants on material matters
6. › Whether miscarriage of justice
7. › Whether material irregularity affecting outcome
8. › Criminal Appeals Act 2004 (WA)
1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against conviction
4. › Cross-examination
5. › Rule in Browne v Dunn
6. › Application in criminal proceedings
7. › Whether failure to put case to witnesses
8. › Whether complainants should have been recalled for further cross-examination
1. Criminal Law
2. › Evidence
3. › Character evidence
4. › Direction to jury
5. › Whether direction required on both propensity and credibility limbs
6. › Whether direction on propensity alone sufficient where evidence only relevant to likelihood of guilt

Quick Take

The rule in Browne v Dunn has more force when applied to evidence relating to a particular fact or topic than when sought to be applied to the general credit of a witness, and it is unnecessary to put questions that permit only one response — a bare denial. A trial judge is not obliged to direct a jury on both the propensity and credibility aspects of character evidence if the evidence adduced is only relevant to one aspect.