Roberts v The State of Western Australia

The appeal in Roberts v The State of Western Australia was heard by the Court of Appeal in Western Australia. The appellant, Roberts, was convicted of murder and sentenced to life imprisonment with a minimum non-parole period of 13 years. The body of the victim was discovered in a bush some years after the offence, and the cause of death could not be determined. Roberts admitted to concealing the body but denied any involvement in the victim's death. The appeal challenged both the conviction and the sentence.

The legal issues before the court included whether the jury was justified in finding that Roberts had the specific intent to cause grievous bodily harm, as required for a murder conviction, when the cause of death could not be ascertained. Another issue was whether section 268 of the Criminal Code (WA) defines manslaughter, and if the common law definition of manslaughter by an unlawful and dangerous act applies to the concept of manslaughter under the Criminal Code (WA). The court also considered whether the sentence was manifestly excessive.

The Court of Appeal dismissed the appeal against the conviction, holding that the jury was entitled to infer the requisite intent from Roberts' actions in concealing the body. The court rejected the argument that section 268 of the Criminal Code (WA) defines manslaughter, stating that the common law definition of manslaughter by an unlawful and dangerous act does not apply to the code's concept of manslaughter. Regarding the sentence, the majority found it was not manifestly excessive, although one judge dissented on this point, considering the sentence too harsh.

The final orders were that the appeal against the conviction was dismissed, and the appeal against the sentence was also dismissed, with one judge dissenting on the sentence.