OKS v The State of Western Australia

In the case of OKS v The State of Western Australia, the appellant challenged his conviction for a criminal offence. The primary dispute was whether the trial judge's direction to the jury about the complainant's alleged lies constituted an error of law that led to a miscarriage of justice. The matter was heard in the Supreme Court of Western Australia, Court of Appeal.

The court had to determine if the trial judge's direction to the jury about the complainant's alleged lies was analogous to a Zoneff direction and whether it amounted to an erroneous legal direction. The appellant argued that the judge's direction was wrong and led to a miscarriage of justice. The court also considered whether the proviso in section 308(2) of the Criminal Procedure Act 2004 (WA) should be applied to allow for the consideration of the alleged error despite the absence of a specific request for a redirection at law.

The court found that the trial judge's direction did not constitute a Zoneff direction and was not erroneous in law. The court held that there was no miscarriage of justice and that the proviso should not be applied in this case. The appeal was therefore dismissed.