Liyanage v The State of Western Australia

Liyanage, the appellant, appealed against both her conviction and sentence for manslaughter. The appeal against conviction focused on several issues, including the admissibility of evidence regarding the social context of domestic violence and battered women's syndrome, as well as the admissibility of photographs of the deceased. The appeal against sentence contested whether the four-year immediate imprisonment term was manifestly excessive, as well as the trial judge's consideration of the appellant's refusal to make a plea or formal admissions.

The court considered whether the trial judge erred in excluding evidence from a social worker concerning a domestic violence risk assessment and the social context of domestic violence. The court found that the trial judge correctly excluded this evidence as it did not meet the criteria for admissibility under the common law. Additionally, the court examined whether the trial judge erred in admitting photographs of the deceased, determining that their probative value outweighed any prejudicial effect. The court also assessed the trial judge's directions to the jury regarding self-defence, excessive self-defence, and inferences of guilt, finding no error in these directions.

The court concluded that the trial judge did not err in excluding certain evidence or in admitting other evidence, and that the trial judge's directions to the jury were correct. The court also held that the sentence was not manifestly excessive and that the trial judge did not err in considering the appellant's refusal to make a plea or formal admissions. The appeal against conviction was dismissed, and the appeal against sentence was also dismissed.

The final orders confirmed the appellant's conviction and sentence, with no changes to either. The court upheld the trial judge's decisions and found no errors in the trial process or sentence imposed.