RILEY -v- THE QUEEN [2004] WASCA 92
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 92 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:54/2003 | 3 MAY 2004 | |
| Coram: | MALCOLM CJ MURRAY J WHEELER J | 3/05/04 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed, Conviction quashed | ||
| B | |||
| PDF Version |
| Parties: | PERCY JAMES RILEY THE QUEEN |
Catchwords: | Criminal law Assault occasioning bodily harm Appellant alleged to be an aider in commission of offence No direction as to knowledge required Verdict unreasonable |
Legislation: | Nil |
Case References: | Ward v R (1997) 19 WAR 68 R v Beck (1990) 1 QdR 30 O (A Child) v The Queen, unreported; CCA SCt of WA; Library No 970219; 9 April 1997 Avis v The Queen (2002) WASCA 250 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : RILEY -v- THE QUEEN [2004] WASCA 92 CORAM : MALCOLM CJ
- MURRAY J
WHEELER J
- Applicant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : VIOL DCJ
File Number : BUN 58 of 2002
Catchwords:
Criminal law - Assault occasioning bodily harm - Appellant alleged to be an aider in commission of offence - No direction as to knowledge required - Verdict unreasonable
(Page 2)
Legislation:
Nil
Result:
Appeal allowed
Conviction quashed
Category: B
Representation:
Counsel:
Applicant : Mr C L J Miocevich
Respondent : Mr D Dempster
Solicitors:
Applicant : Aboriginal Legal Service
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Ward v R (1997) 19 WAR 68
Case(s) also cited:
R v Beck (1990) 1 QdR 30
O (A Child) v The Queen, unreported; CCA SCt of WA; Library No 970219; 9 April 1997
Avis v The Queen (2002) WASCA 250
(Page 3)
1 MALCOLM CJ: I would ask Murray J to give the first judgment in relation to this matter.
2 MURRAY J: This is an appeal against conviction. The indictment contained a number of charges upon which the appellant and one Bert Junior Riley were presented before the District Court in Bunbury for trial. So far as the appellant is concerned, two counts affected him. They both related to an incident which occurred on 26 February 2002. The charges were that Bert Junior Riley and the appellant committed an offence of burglary upon the house of a Mr Miles, in company, armed with a tyre lever, and the house being one ordinarily used for human habitation. Both men were convicted of that offence and the present appeal, so far as it is now pursued, does not relate to that conviction sustained by the appellant. An additional offence was charged against the two men jointly that Mr Miles was assaulted and caused bodily harm. It is in relation to that conviction, sustained by both men,…
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CaseChat Overview and Summary
The central legal issue before the court was whether the trial judge's failure to properly direct the jury regarding the appellant's knowledge of the assault constituted a miscarriage of justice. The appellant argued that the jury should have been directed to consider whether the appellant had the requisite knowledge of the assault before they could find the appellant guilty of being an aider and abettor. The Crown contended that the trial judge's direction was sufficient, as the jury was adequately informed that they needed to consider whether the appellant intended to aid and abet the offence, without needing a specific direction on the knowledge requirement.
The court held that the trial judge's direction was inadequate because it did not require the jury to consider whether the appellant had the necessary knowledge of the assault. The court found that the appellant's knowledge was an essential element of the offence of aiding and abetting, and the failure to direct the jury on this point could lead to a miscarriage of justice. The court concluded that the verdict was unreasonable and quashed the appellant's conviction. Given this finding, the court allowed the appeal and quashed the conviction.
Orders
Orders of the court
Appeal allowed, Conviction quashed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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