Lange v The State of Western Australia

This is an appeal against conviction. The appellant was convicted of possession of a prohibited drug with intent to sell or supply, contrary to s 6(1)(a) of the Misuse of Drugs Act 1981 (WA). The appeal was based on the grounds that: (1) the appellant suffered a miscarriage of justice because his trial was incompetently conducted by his counsel; and (2) the trial judge erred by allowing the trial to continue and allowing the jury to receive a search video after it was played to the jury and tendered as an exhibit, even where it contained patently inadmissible material. In relation to ground 1, the Court found that the appellant had failed to demonstrate that his trial counsel failed, in any respect, to properly represent his interests. The appellant's allegations that his counsel failed to provide adequate advice as to the appellant's right to give evidence and failed to obtain proper instructions were rejected. In relation to the portions of the search video identified by the appellant, the Court found that they were not 'patently inadmissible'. The Court found that the trial judge's directions to the jury precluded them from using the parts of the interview in any manner prejudicial to the appellant. In relation to ground 2, the Court found that, even if those portions of the search video were technically inadmissible, they were not the subject of objection, so that it was necessary for the appellant to demonstrate that the admission of the evidence gave rise to a miscarriage of justice. The Court found that the trial judge's directions to the jury precluded them from using the parts of the interview in any manner prejudicial to the appellant. The Court found that neither ground of appeal had sufficient merit to warrant the grant of leave to appeal. The appeal was dismissed.