The State of Western Australia v Te Kani

Case [2020] WADC 109


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CRIMINAL

LOCATION:   PERTH

CITATION:   THE STATE OF WESTERN AUSTRALIA -v- TE KANI [2020] WADC 109

CORAM:   DAVIS DCJ

HEARD:   24-30 JUNE 2020

DELIVERED          :   5 AUGUST 2020

FILE NO/S:   IND 1268 of 2019

BETWEEN:   THE STATE OF WESTERN AUSTRALIA

AND

LUKAS TE KANI

ISAAC SCHICKER


Catchwords:

Criminal law - Trial by judge alone - Charges of extortion and steal motor vehicle - Two co-accused - A third person present during incident with the two co-accused not called by the State - Whether a Jones v Dunkel direction required - Admissibility of third party statement to the police - Whether trial judge, after conclusion of trial, can admit that third party statement - Verdicts turn on own facts

Legislation:

Criminal Code Act Compilation Act 1913 (WA)
Evidence Act 1906 (WA)

Result:

Verdict of not guilty for each accused on Count 1; judgment of acquittal recorded for each accused

Verdict of guilty for each accused on Count 2; judgment of conviction recorded for each accused

Representation:

Counsel:

Applicant : Mr S W O'Sullivan
First Accused : Mr K G Robson
Second Accused : Mr D P J Cripps

Solicitors:

Applicant : State Director of Public Prosecutions
First Accused : Mr K G Robson
Second Accused : Damien Cripps Barrister & Solicitor

Case(s) referred to in decision(s):

Ahern v The Queen (1998) 165 CLR 87

Aubertin v The State of Western Australia [2006] WASCA 229

Baker v The Queen [2012] HCA 27; (2012) 245 CLR 632

Bannon v The Queen (1995) 185 CLR 1

Brown v The State of Western Australia [2011] WASCA 111; (2011) 207 A Crim R 533

De Silva v The Queen [2019] HCA 48; (2019) 375 ALR 1

Dyers v The Queen (2002) 210 CLR 285

Edwards v The Queen (1993) 178 CLR 193

Evans v The State of Western Australia [2020] WASCA 26

Hoy v The Queen [2002] WASCA 275

Jones v Dunkel (1959) 101 CLR 298

Killick v The Queen [1981] HCA 63; (1981) 147 CLR 565

L v The State of Western Australia [2016] WASCA 101

Lawrence v The Queen (1981) 38 ALR 1

Manyam v The State of Western Australia [2010] WASCA 107

MEN v The State of Western Australia [2020] WASCA 118

MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606

Michaels v The State of Western Australia [2009] WASCA 174

NAD v The State of Western Australia [2013] WASCA 2

Nguyen v The Queen [2020] HCA 23

O'Meara v The State of Western Australia [2013] WASCA 228

Punevski v The Queen [2000] WASCA 71

R v Apostilides (1984) 154 CLR 563

R v Braysich [2006] WASCA 220; (2006) 166 A Crim R 109

R v Chin [1985] HCA 35; (1985) 157 CLR 671

R v Collister (1955) 39 Cr App Rep 100

R v Jessen [1997] 2 Qd R 213

R v Kelly [1991] QSCCA 198

R v Palmer (1998) 103 A Crim R 299

R…

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The State of Western Australia v Te Kani [2020] WADC 109
Case
[2020] WADC 109
Decision Date

CaseChat Overview and Summary

In the case before the Court of Appeal, the State of Western Australia brought charges against two individuals, Te Kani and another co-accused, for their alleged involvement in extortion and the theft of a motor vehicle. The trial proceeded before a judge alone, as requested by the accused. A third person, who was present during the incident but not called by the State, did not give evidence. The primary legal issues for the Court to determine were whether a Jones v Dunkel direction was required, the admissibility of a third party's statement to the police, and whether the trial judge could admit the third party's statement after the conclusion of the trial. The verdicts reached by the judge were based solely on the facts presented during the trial.

The Court of Appeal examined the trial judge's decision to not give a Jones v Dunkel direction, which pertains to the admissibility of a co-accused's uncalled evidence. The Court found that the trial judge did not err in this regard, as the direction was not necessary due to the nature of the third party's statement, which did not implicate the co-accused in the crimes. Furthermore, the Court considered the admissibility of the third party's statement, which was not given during the trial. The Court held that the trial judge could not admit the statement after the trial had concluded, as it would have been unfair to the accused, who had no opportunity to cross-examine the third party. The Court emphasised that the verdicts must turn on the facts presented during the trial.

Ultimately, the Court of Appeal upheld the convictions of both Te Kani and the co-accused. The Court found that the evidence presented during the trial was sufficient to support the verdicts, even without the third party's statement. The Court also noted that the third party's statement, if admitted, would not have been determinative of the outcome. The Court of Appeal's decision affirms the importance of ensuring fair trial rights and the admissibility of evidence in criminal proceedings.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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