Oks v WA

(2018) 52 WAR 482; [2018] WASCA 48

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Ground of appeal
4. › Wrong decision on question of law
5. › Misdirection in summing up
6. › Whether misdirection on matter of law constitutes wrong decision on question of law where no objection taken at trial
7. › Criminal Appeals Act 2004 (WA), s 30(3)(b)
1. Criminal Law
2. › Appeal
3. › Proviso
4. › Application of proviso where misdirection established
5. › Whether no substantial miscarriage of justice actually occurred
6. › Overwhelming evidence
7. › Criminal Appeals Act 2004 (WA), s 30(4)
1. Criminal Law
2. › Trial
3. › Directions to jury
4. › Direction concerning complainant's lies
5. › Direction analogous to Zoneff direction
6. › Whether direction had proper basis
7. › Whether direction impermissibly restricted jury's reasoning
1. Evidence
2. › Credibility
3. › Lies told by witness
4. › Direction to jury concerning lies
5. › Distinction between lies told by accused and lies told by complainant
6. › Whether Zoneff-type direction appropriate for complainant's lies

Quick Take

Criminal appellate practitioners in Western Australia should note that a misdirection of law in a summing up now constitutes a 'wrong decision on a question of law' under s 30(3)(b) of the Criminal Appeals Act 2004 (WA) regardless of whether objection was taken at trial, departing from earlier WASCA authority. Trial judges should exercise caution before giving Zoneff-type directions concerning a complainant's lies.