Dair v The State of Western Australia

In the case of Dair v The State of Western Australia, the appellant was convicted of unlawfully doing grievous bodily harm with intent to maim, disfigure, disable or do grievous bodily harm. The case was heard in the Court of Appeal, which was required to determine the admissibility of certain evidence presented in the trial and the fairness of the sentencing. The issues at hand were whether the evidence presented had significant probative value and whether the sentence was manifestly excessive. The court also had to consider the admissibility of evidence of past convictions under Section 31A of the Evidence Act 1906 (WA).

The court determined that the evidence presented had significant probative value, as it could rationally affect the assessment of the probability of the relevant fact in issue to a significant extent. The court also found that the probative value of the evidence outweighed the risk of an unfair trial, and that the evidence of recognition was admissible. The court held that the sentencing judge did not err in failing to take into account the time previously spent in custody, and that the sentence of 8 years' imprisonment without parole was not manifestly excessive.

The appeal against conviction was allowed, and the appellant's conviction was quashed. The case was remitted to the Supreme Court for a new trial. The court did not make any orders in relation to the sentence, as the appeal against conviction was allowed.