Edz v WA

[2025] WASCA 84

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Child sexual offences
4. › Particulars
5. › Whether verdict uncertain where complainant unable to identify on which of two occasions an act occurred
6. › Whether date of offence an element to be proved beyond reasonable doubt
7. › Criminal Procedure Act 2004 (WA), sch 1 div 2 cl 5
1. Criminal Law
2. › Appeal against conviction
3. › Child sexual offences
4. › Particulars
5. › Latent duplicity
6. › Whether incidents sufficiently distinguishable in absence of further particulars
7. › Whether lack of particulars caused unfairness to accused
8. › Criminal Procedure Act 2004 (WA), sch 1 div 2 cl 5
1. Criminal Law
2. › Appeal against conviction
3. › Miscarriage of justice
4. › Election not to give evidence
5. › Adequacy of legal advice
6. › Whether appellant given adequate advice regarding benefits and disadvantages of giving evidence
7. › Whether decision informed and voluntary

Quick Take

In historical child sexual offence cases involving similar repeated acts, charges are sufficiently particularised where each count alleges a specific act at a specified location in a specified time period, even where the complainant cannot recall precise dates or distinguish incidents in detail, and the inability to advance a positive defence is attributable to delay rather than deficient particularisation.

Case Details

Citation[2025] WASCA 84

CourtWASCA

JurisdictionWestern Australia

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Relies on9

2025Li v The State of Western AustraliaWASCA 75
2024Snook v The State of Western Australia [No 2]WASCA 135
2018Jeffery v The State of Western AustraliaWASCA 219
2018Huggins v The State of Western AustraliaWASCA 61
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