O'Dea v The State of Western Australia

The Court of Appeal of Western Australia has dismissed the appeal of Brett Christopher O'Dea, who was convicted of unlawfully causing grievous bodily harm to Alimamy Koroma, contrary to s 294(1) of the Criminal Code (WA). The Court held that the trial judge did not err in leaving to the jury the basis for criminal responsibility designated as the 'first pathway' and that no miscarriage of justice was occasioned. The Court also held that the trial judge did not misdirect the jury in respect of the first pathway, and that it was not open to the jury to find the appellant guilty on the basis that he was a joint principal under s 7(a) of the Code without the co-accused also being convicted on that basis. Finally, the Court held that it was not open to the jury to find the appellant guilty on the basis of the second pathway, as the jury's failure to agree upon a verdict in respect of the co-accused meant that the jury could not have convicted the appellant on that basis. The appeal is therefore unmeritorious, and the Court dismissed the appellant's application for an extension of time within which to appeal and refused leave to appeal.