Hussian v WA

[2020] WASCA 187

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Jury directions
4. › Credibility of witnesses
5. › Whether trial judge erred in providing inadequate directions as to doubts about credibility of complainants
6. › Whether inconsistencies in complainant evidence required further direction
1. Criminal Law
2. › Appeal against conviction
3. › Jury directions
4. › Collusion
5. › Whether trial judge erred in failing to direct jury as to possibility of collusion among complainants
6. › Whether collusion warning required where allegation speculative and unsupported by evidence
1. Criminal Law
2. › Appeal against conviction
3. › Jury directions
4. › Duty of trial judge
5. › When direction or warning necessary to avoid perceptible risk of miscarriage of justice
6. › Criminal Code (WA), ss 326, 333, 392

Quick Take

A trial judge's directions on witness credibility and collusion are adequate where the judge gives orthodox directions on credibility assessment, prior inconsistent statements, identification evidence, and forensic disadvantage, and reminds the jury of defence submissions regarding collusion, even without a specific collusion warning, where the allegation of collusion is speculative and unsupported by evidence. No collusion warning is required where there is no hidden danger the jury could not appreciate without judicial assistance.