Fitzgerald v WA [No 2]

[2025] WASCA 99

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Unreasonable verdict
5. › Whether guilty verdicts unreasonable or unsupported by evidence
6. › Whether open to jury to be satisfied beyond reasonable doubt
7. › Criminal Code (WA), s 393(c)
1. Criminal Law
2. › Appeal
3. › Additional evidence on appeal
4. › Distinction between fresh evidence and new evidence
5. › Whether additional evidence demonstrates miscarriage of justice
6. › Criminal Appeals Act 2004 (WA), s 40(1)(e)

Quick Take

The distinction between fresh and new evidence on appeal remains strictly applied: new evidence that merely supplements unchallenged trial evidence about background matters will not demonstrate a miscarriage of justice.