Murray v The State of Western Australia

The appellant was convicted of armed robbery and sentenced to imprisonment. The State of Western Australia appealed the decision, contending that the trial judge misdirected the jury on the issue of identification and that there was insufficient evidence to support the conviction. The appellant argued that the trial judge's direction was correct, and that there was sufficient evidence to support the conviction. The central issue before the court was whether the trial judge correctly directed the jury on the issue of identification and whether there was any other evidence that was sufficient to identify the appellant. The court found that the trial judge misdirected the jury on the issue of identification, as there was no positive identification of the appellant by any of the witnesses. The court further found that there was no other evidence that was sufficient to identify the appellant, and that the conviction was unsafe and unsatisfactory. The court concluded that a substantial miscarriage of justice had occurred, and that the appeal should be allowed. The conviction and sentence were quashed, and a retrial ordered.