TWR v WA [No 2]

[2025] WASCA 5

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Longman direction
4. › Whether trial judge erred in declining to give warning about forensic disadvantage from delay
5. › Whether forensic disadvantage arose from uncertainty as to dates of offences
6. › Whether disadvantage was speculative
7. › Whether jury would have appreciated disadvantage without direction
8. › Criminal Code (WA), s 320(2), s 320(4)
9. › Evidence Act 1906 (WA), s 36BD
1. Criminal Law
2. › Appeal against conviction
3. › Admissibility of evidence
4. › Circumstantial evidence
5. › Consistency evidence in sexual offence cases
6. › Evidence of physical observations consistent with complainant's account
7. › Whether evidence admissible where not linked to specific count
8. › Whether directions adequate regarding permissible use of evidence
1. Criminal Law
2. › Appeal against conviction
3. › Miscarriage of justice
4. › Conduct of defence counsel
5. › Agreement to excise portions of child witness interview
6. › Whether counsel's decision capable of explanation as reasonable forensic decision
7. › Whether appellant bound by forensic decisions of counsel

Quick Take

Forensic disadvantage claimed to arise from uncertainty as to the dates of alleged offences, rather than from delay in complaint, is speculative and does not warrant a Longman direction, particularly where the date range is apparent to the jury and the accused has been able to marshal a detailed defence.