Ching v The King [No 2]

[2026] WASCA 11

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Drug offences
4. › Importing commercial quantity of border-controlled drug
5. › Directions to jury
6. › Evidence relevant to defence case
7. › Whether trial judge's directions carried risk jury would treat evidence as irrelevant
8. › Whether miscarriage of justice occasioned
9. › Criminal Code Act 1995 (Cth), s 307.1
1. Criminal Law
2. › Appeal against conviction
3. › Trial judge's summing up
4. › Duty to put defence case fairly to jury
5. › Whether cumulative effect of directions undermined defence case
1. Criminal Law
2. › Appeal against conviction
3. › Remedy
4. › Whether retrial or acquittal should be ordered
5. › Where appellant served large portion of sentence and is terminally ill

Quick Take

Trial judge directions which carry a real risk of conveying to the jury that evidence relevant to the defence case is irrelevant will occasion a miscarriage of justice, even where the judge uses language suggesting the matter is for the jury.