Mansfield v WA

(2017) 52 WAR 233; [2017] WASCA 178

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Joint trial
4. › Cut-throat defences
5. › Co-accused adducing evidence of other accused's propensity to commit offences
6. › Whether failure to order separate trials resulted in miscarriage of justice
7. › Whether trial judge's directions capable of overcoming prejudice
8. › Criminal Procedure Act 2004 (WA), s 133
1. Criminal Law
2. › Appeal against conviction
3. › Evidence
4. › Propensity evidence
5. › One co-accused adducing evidence of other co-accused's propensity for violence
6. › Whether evidence admissible in joint trial where cut-throat defences run
7. › Whether co-accused's failure to satisfy evidential burden for duress affected admissibility
1. Criminal Law
2. › Appeal against conviction
3. › Corroboration warning
4. › State witness who assisted in concealing evidence
5. › Whether refusal to give corroboration warning occasioned miscarriage of justice
6. › Evidence Act 1906 (WA), s 50
1. Criminal Law
2. › Appeal against sentence
3. › Murder
4. › Life imprisonment
5. › Minimum non-parole period
6. › Whether minimum non-parole period of 26 years manifestly excessive
7. › Criminal Code (WA), s 279

Quick Take

Practitioners in joint murder trials should note that propensity evidence adduced by a co-accused remains admissible even after the co-accused's duress defence is not left to the jury, provided the evidence remains relevant to the co-accused's contention that the other accused committed the offence.