WEDD -v- THE QUEEN [2000] WASCA 273
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 273 | |
| COURT OF CRIMINAL APPEAL | 22/09/2000 | ||
| Case No: | CCA:251/1999 | 12 APRIL 2000 | |
| Coram: | MALCOLM CJ WALLWORK J MURRAY J | 12/04/00 | |
| 18 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted Appeal allowed Convictions quashed New trial ordered | ||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : WEDD -v- THE QUEEN [2000] WASCA 273 CORAM : MALCOLM CJ
- WALLWORK J
MURRAY J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Direction required in respect of use of evidence of applicant's good character, in relation to lies told by applicant out of court and in relation to proof by circumstantial evidence
Legislation:
Nil
Result:
Leave to appeal granted
(Page 2)
Appeal allowed
Convictions quashed
New trial ordered
Representation:
Counsel:
Applicant : Mr D Grace QC
Respondent : Mr B Fiannaca
Solicitors:
Applicant : Pryles & Defteros
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Chamberlain v The Queen (No 2) (1984) 153 CLR 521
Edwards v The Queen (1993) 178 CLR 193
Fletcher v The Queen [1999] WASCA…
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Details
- AGLC
- Wedd v The Queen [2000] WASCA 273
- Case
- [2000] WASCA 273
- Decision Date
CaseChat Overview and Summary
In the matter of Wedd v The Queen, the applicant, a criminal defendant, sought leave to appeal against his conviction, contending that the trial judge failed to properly direct the jury regarding the use of evidence of his good character, particularly in relation to lies told by the applicant out of court and the proof of his guilt by circumstantial evidence. The High Court of Australia was tasked with determining whether the trial judge's directions were adequate and, if not, what impact this had on the fairness and outcome of the trial.
The legal issues before the court revolved around the trial judge's obligations to instruct the jury on the relevance and limitations of evidence pertaining to the applicant's good character. Specifically, the court had to examine whether the trial judge sufficiently cautioned the jury about the dangers of character evidence in light of the applicant's prior lies and whether the judge adequately explained how circumstantial evidence could be used to establish guilt. The court also considered the extent to which any deficiencies in these directions affected the applicant's right to a fair trial and the reliability of the jury's verdict.
The court found that the trial judge's directions were indeed deficient in several respects. The judge failed to adequately caution the jury about the risks of relying on character evidence when considering the applicant's prior lies. Furthermore, the judge did not sufficiently explain the principles governing the use of circumstantial evidence to prove guilt. The court concluded that these shortcomings likely influenced the jury's decision, leading to an unreliable verdict. Consequently, the court granted the applicant leave to appeal, allowed the appeal, quashed his convictions, and ordered a new trial to ensure a fair and legally compliant process.
The legal issues before the court revolved around the trial judge's obligations to instruct the jury on the relevance and limitations of evidence pertaining to the applicant's good character. Specifically, the court had to examine whether the trial judge sufficiently cautioned the jury about the dangers of character evidence in light of the applicant's prior lies and whether the judge adequately explained how circumstantial evidence could be used to establish guilt. The court also considered the extent to which any deficiencies in these directions affected the applicant's right to a fair trial and the reliability of the jury's verdict.
The court found that the trial judge's directions were indeed deficient in several respects. The judge failed to adequately caution the jury about the risks of relying on character evidence when considering the applicant's prior lies. Furthermore, the judge did not sufficiently explain the principles governing the use of circumstantial evidence to prove guilt. The court concluded that these shortcomings likely influenced the jury's decision, leading to an unreliable verdict. Consequently, the court granted the applicant leave to appeal, allowed the appeal, quashed his convictions, and ordered a new trial to ensure a fair and legally compliant process.
Orders
Orders of the court
Leave to appeal granted
Appeal allowed
Convictions quashed
New trial ordered
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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