White v The Queen

In *White v The Queen* [2023] ACTCA 4, the Australian Capital Territory Court of Appeal considered an appeal against a jury conviction for perjury. The appellant, who had given false evidence in criminal proceedings in the Magistrates Court, argued that the jury's verdict was unreasonable and unsupported by the evidence.

The legal issues before the Court of Appeal included whether the appellant's mistaken understanding of the relevance of his evidence negated criminal responsibility for perjury, and whether the prosecution's cross-examination breached the rule in *Browne v Dunn*, thereby rendering the verdict unreasonable. The appellant contended that he answered questions based on his perceived relevance as a police officer and that the prosecution failed to challenge his asserted belief in the relevance of his statements.

The Court unanimously dismissed the appeal. Chief Justice McCallum found that the evidence at trial clearly supported the jury's conclusion that the appellant's statement was simply false, and that the evidence regarding his state of mind was compelling. Her Honour also determined that the prosecution's cross-examination did not breach the rule in *Browne v Dunn*. Justices Mossop and Collier agreed, emphasizing that the appellant's background as a police officer underscored his obligation to provide truthful evidence, that a witness cannot unilaterally determine relevance, and that the possibility of the appellant being mistaken was rejected. Their Honours also found the appellant's reliance on *Browne v Dunn* in a criminal context to be misguided.