Johnstone v The State of Western Australia

In the case of Johnstone v The State of Western Australia, the appellant was convicted after a trial for an offence under section 204(1) of the Criminal Code (WA). The conviction related to an act done with intent to harm, which resulted in bodily harm. The appellant appealed against the conviction, arguing that the trial judge's failure to direct the jury regarding the appellant's election not to testify or adduce evidence amounted to a miscarriage of justice. Additionally, the appellant claimed that the trial judge erred in directing the jury that a lie told was relevant to guilt.

The court examined whether the trial judge's failure to direct the jury about the appellant's election not to testify or adduce evidence constituted a miscarriage of justice. It was noted that the trial judge had given a direction under the proviso to section 389A(3) of the Criminal Procedure Act 2004 (WA), which addressed the appellant's right to silence. The court concluded that the trial judge's direction was sufficient, and that the failure to provide a more explicit direction did not amount to a miscarriage of justice. Furthermore, the court found that the trial judge did not err in directing the jury that a lie told was relevant to guilt, as it was within the scope of the trial judge's discretion to do so.

The appeal was dismissed. The court held that there was no miscarriage of justice caused by the trial judge's failure to direct the jury about the appellant's election not to testify or adduce evidence, and that the trial judge did not err in directing the jury that a lie told was relevant to guilt. The conviction was upheld.