Ruthsalz v WA

[2018] WASCA 178

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals against conviction
3. › Joint trial of co-accused for murder
4. › Misdirection on common unlawful purpose
5. › Whether trial judge misdirected jury on s 8 of Criminal Code (WA)
6. › Criminal Code (WA), s 8
1. Criminal Law
2. › Appeals against conviction
3. › Accomplice evidence
4. › Adequacy of warning to jury
5. › Whether trial judge failed to give appropriate warning regarding evidence of co-accused who pleaded guilty and gave evidence as State witness
6. › Evidence Act 1906 (WA), s 50
1. Criminal Law
2. › Appeals against conviction
3. › Summing up
4. › Adequacy of putting defence case
5. › Whether trial judge failed adequately and fairly to put defence case before jury
1. Criminal Law
2. › Appeals against conviction
3. › Joint trial
4. › Separate trial application
5. › Whether trial judge erred in failing to order separate trial
6. › Whether adequate directions given to protect co-accused from prejudice arising from hearsay statements admissible only against another co-accused
7. › Criminal Procedure Act 2004 (WA), s 133

Quick Take

The Court held that the Court's confirmation that s 279(4) of the Criminal Code (WA) makes life imprisonment for murder the presumptive sentence, with departure only in exceptional cases where the sentence would be 'clearly unjust', and that a guilty plea and cooperation, while significant mitigating factors, do not necessarily make life imprisonment clearly unjust.