Ryan v The State of Western Australia [No 2]

The appeal in Ryan v The State of Western Australia [No 2] was brought by the defendant, Ryan, who had been convicted of drug offences. The Court of Appeal was tasked with assessing whether fresh evidence presented by the defendant could lead to a miscarriage of justice, particularly given that the evidence had not been provided at the original trial. The case also considered the admissibility of unsworn statement evidence and the reasons for the defendant's change of position regarding this evidence.

The court had to decide whether the new evidence was indeed fresh and could not have been produced at the trial, and if so, whether it was sufficient to warrant a new trial or an acquittal. The court also needed to assess the reliability and admissibility of the unsworn statement evidence, and to determine whether the defendant had provided adequate reasons for their change in position regarding this evidence.

The Court of Appeal held that the evidence presented was not fresh, as it was reasonably available at the time of the original trial, and therefore could not be considered in the appeal. The court also found that the defendant had not provided any reasons for their change in position regarding the unsworn statement evidence. Consequently, the court was unable to assess the reliability or admissibility of this evidence. As a result, the appeal was dismissed, and the original conviction stood.

No further orders were made by the court beyond dismissing the appeal and affirming the original conviction.