MLS v The State of Western Australia

The appellant was convicted by a jury of three counts of child sex offending following a retrial. The jury acquitted the appellant of a further count of child sex offending. The appellant appealed against the convictions, arguing that the trial judge failed to give the jury appropriate directions correcting an erroneous submission by the prosecutor, that the prosecutor's conduct at the retrial occasioned a miscarriage of justice, and that the appellant made no implied admissions against interest during a pretext telephone call made by the complainant to the appellant. The state opposed the appeal. The Court of Appeal found that the trial judge did not err in failing to give the jury directions correcting an erroneous submission by the prosecutor. The Court found that the prosecutor's conduct at the retrial did not occasion a miscarriage of justice, and that the appellant made implied admissions against interest during the pretext telephone call. The appeal was dismissed.

The appeal required the Court to consider whether the trial judge gave the jury appropriate directions correcting an erroneous submission by the prosecutor, whether the prosecutor's conduct at the retrial occasioned a miscarriage of justice, and whether the appellant made implied admissions against interest in the pretext telephone call made by the complainant to the appellant. The Court held that the trial judge did not err in failing to give the jury directions correcting an erroneous submission by the prosecutor, as the submission was not erroneous. The Court found that the prosecutor's conduct at the retrial did not occasion a miscarriage of justice, as the appellant had not established that the conduct affected the outcome of the trial. The Court found that the appellant made implied admissions against interest during the pretext telephone call, as the appellant's statements during the call were inconsistent with his defence. The appeal was dismissed.