Calabro v WA

[2024] WASCA 10

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Murder
5. › Whether verdict unreasonable having regard to defences of home invader defence and self-defence
6. › Criminal Code (WA), ss 244, 248, 279
1. Criminal Law
2. › Appeal against conviction
3. › Miscarriage of justice
4. › Defence counsel's failure to follow instructions
5. › Whether incompetent representation occasioned miscarriage of justice
1. Criminal Law
2. › Appeal against conviction
3. › Misdirection
4. › Meaning of 'wrongfully' in home invader defence provision
5. › Whether trial judge misdirected jury on meaning of 'wrongfully'
6. › Criminal Code (WA), s 244(1)
1. Criminal Law
2. › Appeal against conviction
3. › Admissibility of evidence
4. › Police interview recordings
5. › Prison conversation recordings
6. › Whether recordings wrongly admitted
7. › Evidence Act 1906 (WA), ss 106HB, 112

Quick Take

The court's analysis of the interaction between the home invader defence (s 244) and self-defence (s 248) of the Criminal Code (WA) confirms that neither defence is available where the deceased was bound and unconscious at the time of killing.