EAGD v The State of Western Australia [No 2]

EAGD was convicted by a trial judge in the Supreme Court of Western Australia of the unlawful killing of another motorist while engaging in an illegal high-speed drag race with a co-offender on a suburban street. The State argued that the drag race constituted an unlawful purpose, and the death of the motorist was a probable consequence of the pursuit of that unlawful purpose. EAGD appealed the conviction, contending that the trial judge erred in finding the unlawful killing was a probable consequence of the pursuit of the unlawful purpose and that the verdict should be set aside as unreasonable.

The court considered whether the trial judge was correct in finding that the unlawful killing was a probable consequence of the pursuit of the alleged unlawful common purpose. The court held that there was no basis to interfere with the trial judge's findings and affirmed the conviction. The court found that the evidence supported the trial judge's conclusion that the unlawful killing was a probable consequence of the pursuit of the unlawful purpose. The court also rejected the contention that the verdict should be set aside as unreasonable, finding that the trial judge's decision was supported by the evidence.

No appeal grounds were upheld, and the appeal was dismissed. The court refused leave to appeal on ground 1 and dismissed the appeal.