Frigger v WA [No 2]

[2025] WASCA 7

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Offences
3. › Perjury and false statements
4. › Knowingly making a false statement under oath
5. › False in a material particular
6. › Whether 'material' relates to degree of difference from truth or capacity to affect outcome
7. › Whether materiality is question of law or question of fact
8. › Criminal Code (WA), s 169
1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Whether verdict unreasonable or unsupported by evidence
5. › Irreconcilably conflicting statements in affidavits
6. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Criminal Law
2. › Appeal against conviction
3. › Wrong decision on question of law
4. › Direction to jury on materiality
5. › Whether error favourable to accused gave rise to substantial miscarriage of justice
6. › Application of proviso
7. › Criminal Appeals Act 2004 (WA), s 30(3)(b), s 30(4)
1. Criminal Law
2. › Appeal against conviction
3. › Directions to jury
4. › Use of evidence of other discreditable conduct
5. › Whether direction required to guard against impermissible tendency reasoning
6. › Whether perceptible risk of miscarriage of justice

Quick Take

A statement is false in a 'material particular' for the purposes of s 169 of the Criminal Code (WA) if it is reasonably capable of affecting the outcome relevant to the purpose for which it was made, and materiality is a question of law for the trial judge rather than a question of fact for the jury.