Taylor v WA

[2023] WASCA 190

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Parties to offences
3. › Principal offenders
4. › Section 7(a) Criminal Code (WA)
5. › Acting in concert direction
6. › Whether direction that co-accused could be criminally responsible under s 7(a) on basis of acting in concert was erroneous following O'Dea v The State of Western Australia
7. › Whether error was material to appellant's conviction as aider or counsellor/procurer
8. › Criminal Code (WA), s 7(a)
1. Criminal Law
2. › Parties to offences
3. › Counselling or procuring
4. › Section 7(d) Criminal Code (WA)
5. › Whether 'counsels' and 'procures' are disjunctive concepts with distinct meanings
6. › Whether trial judge erred by conflating counselling and procuring
7. › Whether 'encourage' and 'influence' are adequate synonyms for 'counsels or procures'
8. › Criminal Code (WA), s 7(d)
1. Criminal Law
2. › Conviction appeal
3. › Misdirection
4. › Whether erroneous direction on s 7(a) constituted wrong decision on question of law
5. › Whether error was material to appellant's conviction
6. › Perceptible risk that jury relied solely on erroneous pathway
7. › Criminal Appeals Act 2004 (WA), s 30(3)(b), s 30(4)
1. Criminal Law
2. › Parties to offences
3. › Aiding
4. › Section 7(b) and s 7(c) Criminal Code (WA)
5. › Whether error in s 7(a) direction affected assessment of appellant's liability as aider
6. › Whether identity of principal offender was material to aiding case
7. › Criminal Code (WA), s 7(b), s 7(c)

Quick Take

Prosecutors in WA murder cases where the identity of the principal offender is uncertain must no longer rely on the Warren 'acting in concert' direction under s 7(a) and should consider relying on s 8 of the Code; trial judges must separately direct on 'counsels' and 'procures' under s 7(d) with distinct elements for each concept.