MJS v The State of Western Australia

MJS was convicted of various sexual offences against his daughters and appealed both his conviction and sentence. The appeal against conviction challenged the trial judge's refusal to discharge the jury, his directions to the jury, and his admission of certain evidence. The appeal against sentence challenged the sentencing judge's failure to backdate the sentences imposed.

The legal issues in the appeal against conviction included whether the trial judge erred in not discharging the jury, in his directions to the jury, and in admitting evidence of uncharged acts and a breach of a restraining order. The appeal against sentence questioned whether the sentencing judge erred in not backdating the sentences imposed.

The court held that the trial judge did not err in refusing to discharge the jury or in his directions to the jury. The evidence of uncharged acts was relevant to prove the appellant's state of mind and propensity to commit the offences, and the evidence of the breach of the restraining order was relevant to prove the appellant's disregard for the restraining order and his intent to commit the offences. The court held that the sentencing judge did not err in not backdating the sentences imposed because the sentences were not to commence until after the appellant's release from custody for other offences.

The appeal against conviction was dismissed, and the appeal against sentence was allowed in part. The sentences imposed by the sentencing judge were quashed, and the matter was remitted to the sentencing judge for re‑sentencing with directions to backdate the sentences imposed to the date of the appellant's arrest for the offences.