Southern v WA

[2018] WASCA 234

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Miscarriage of justice
5. › Prosecutor's closing address
6. › Improper comment that State, community and victims' families had right to conviction
7. › Whether comment occasioned miscarriage of justice
8. › Criminal Code (WA), s 279, s 283(1)(a)
1. Criminal Law
2. › Trial
3. › Prosecutor's duties
4. › Closing address
5. › Duty to act with fairness and detachment
6. › Whether statement that victims' families had right to conviction breached prosecutorial duty
1. Criminal Law
2. › Trial
3. › Judge's directions to jury
4. › Duty to direct to avoid perceptible risk of miscarriage of justice
5. › Whether directions adequate to cure effect of prosecutor's improper comment

Quick Take

A prosecutor's statement in closing address that the State, community and victims' families have 'the right to a conviction' is improper and should not be made, but will not necessarily occasion a miscarriage of justice where the statement was conditional on the jury finding guilt beyond reasonable doubt, the trial judge gave adequate directions on dispassionate assessment of evidence, and experienced defence counsel did not object.