Dimer v WA

[2020] WASCA 111

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Conviction on plea of guilty
4. › Whether plea resulted from miscommunication between appellant and defence counsel
5. › Whether plea reflected genuine consciousness of guilt
6. › Whether miscarriage of justice occurred
1. Criminal Law
2. › Parties to offences
3. › Counselling
4. › Proper construction of s 7(d) and s 9 of Criminal Code (WA)
5. › Whether screaming for help constituted counselling to commit offence of grievous bodily harm with intent
6. › Whether acts constituting offence actually committed were probable consequence of carrying out counsel
7. › Criminal Code (WA), ss 7(d), 9, 294
1. Criminal Law
2. › Appeal against conviction
3. › Disposition of appeal
4. › Power to enter judgment of acquittal without trial
5. › Whether prosecution must inevitably fail
6. › Criminal Appeals Act 2004 (WA), s 30(5)(a), (b)

Quick Take

A person who screams for help in circumstances that impliedly urge others to restrain or assault a pursuer does not thereby counsel the offence of doing grievous bodily harm with intent, and the infliction of grievous bodily harm with intent is not a probable consequence of such counsel within s 9 of the Criminal Code (WA). A guilty plea will be set aside where the accused did not understand the nature of the charge due to miscommunication with defence counsel about the upgrading of the charge.