PWD v The Queen [2011] HCATrans 32

This matter concerned an application for special leave to appeal to the High Court of Australia. The applicant, PWD, sought to challenge a decision of the Full Court of the Supreme Court of Western Australia. The dispute arose from a criminal proceeding where PWD was convicted of certain offences.

The primary legal issue before the High Court was whether the Full Court of the Supreme Court of Western Australia had erred in its interpretation and application of the relevant provisions of the *Criminal Code* (WA) concerning the offence of wilful murder. Specifically, the applicant contended that the Full Court had misconstrued the elements of the offence and the evidentiary requirements for conviction.

The High Court, comprising Heydon and Bell JJ, considered the arguments presented by the applicant. Their Honours examined the statutory language of the *Criminal Code* and relevant case law. The Court ultimately determined that there was no arguable error of law in the decision of the Full Court of the Supreme Court of Western Australia.

Special leave to appeal was therefore refused.