Whitsed v The Queen

Case [2005] WASCA 208


WHITSED -v- THE QUEEN [2005] WASCA 208



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASCA 208
Case No:CCA:132/20031 SEPTEMBER 2005
Coram:ROBERTS-SMITH JA
PULLIN JA
MILLER AJA
7/11/05
48Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:GARRY DOUGLAS WHITSED
THE QUEEN

Catchwords:

Criminal law and procedure
Two counts of wilful murder
Prosecution case based on circumstantial evidence
Whether verdicts unreasonable and/or unsupportable having regard to the evidence
Multiple grounds
Appellant in person
Attempts to argue matters not based on evidence
Directions of trial Judge
Whether directions on view appropriate
Forensic evidence
Whether speculative
Whether jurors warned adequately about publicity
Turns on own facts

Legislation:

Criminal Code (WA), s 570D, s 570D(2)(b), s 570D(2)(c)
Evidence Act 1906 (WA), s 32

Case References:

Edwards v The Queen (1993) 178 CLR 193
Greer v The Queen, unreported; CCA SCt of WA; Library No 960120; 6 March 1996
Liberato v The Queen (1985) 159 CLR 507
M v The Queen (1994) 181 CLR 487
Martin v Osborne (1936) 55 CLR 367
Mason v The Queen (1912) 7 Crim App R 67
Noble v The State of Western Australia [2005] WASCA 333
Parker v The Queen, unreported; CCA SCt of WA; Library No 960740; 20 December 1996
Plomp v The Queen (1963) 110 CLR 234
R v Meko (2004) 146 A Crim R 141
R v Middleton (2000) 114 A Crim R 258
R v Polykarpou (1985) 18 A Crim R 288
Velevski v The Queen (2002) 187 ALR 233

De Gruchy v The Queen (2002) 211 CLR 85
McCarrol v The Queen [2004] WASCA 131

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : WHITSED -v- THE QUEEN [2005] WASCA 208 CORAM : ROBERTS-SMITH JA
    PULLIN JA
    MILLER AJA
HEARD : 1 SEPTEMBER 2005 DELIVERED : 7 NOVEMBER 2005 FILE NO/S : CCA 132 of 2003 BETWEEN : GARRY DOUGLAS WHITSED
    Appellant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : PARKER J

File No : INS 214 of 2002





Catchwords:

Criminal law and procedure - Two counts of wilful murder - Prosecution case based on circumstantial evidence - Whether verdicts unreasonable and/or unsupportable having regard to the evidence - Multiple grounds - Appellant in person - Attempts to argue matters not based on evidence - Directions of trial Judge - Whether directions on view appropriate - Forensic evidence - Whether speculative - Whether jurors warned adequately about publicity - Turns on own facts



(Page 2)

Legislation:

Criminal Code (WA), s 570D, s 570D(2)(b), s 570D(2)(c)


Evidence Act 1906 (WA), s 32


Result:

Appeal dismissed




Category: B


Representation:


Counsel:


    Appellant : In person
    Respondent : Mr J Mactaggart & Ms A C Longden


Solicitors:

    Appellant : In person
    Respondent : State Director of Public Prosecutions



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

Edwards v The Queen (1993) 178 CLR 193
Greer v The Queen, unreported; CCA SCt of WA; Library No 960120; 6 March…

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Whitsed v The Queen [2005] WASCA 208
Case
[2005] WASCA 208
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CaseChat Overview and Summary

In the case of Whitsed v The Queen, the appellant, Whitsed, was convicted on two counts of wilful murder and appealed against the verdicts. The appeal was heard by the High Court of Australia. Whitsed was tried in person and the prosecution's case was based on circumstantial evidence. Whitsed's appeal centred on the contention that the verdicts were unreasonable and/or unsupportable given the evidence presented. Additionally, Whitsed argued that certain directions given by the trial judge were inappropriate and that the jury was not adequately warned about the risks of prejudice from publicity.

The legal issues before the court were whether the verdicts were unreasonable or unsupportable in light of the evidence, whether the trial judge's directions were appropriate, and whether the jury was sufficiently cautioned about potential prejudicial publicity. The court considered the evidence and the manner in which it was presented, the nature of the directions given by the trial judge, and the adequacy of the warnings about publicity. The court also examined whether the forensic evidence was speculative and whether it was appropriately evaluated by the jury.

The High Court found that the verdicts were supported by the evidence and were not unreasonable. The court determined that the trial judge's directions were appropriate, and that the jury had been adequately warned about the risks of prejudicial publicity. The court held that the evidence, including the forensic evidence, was not speculative and was properly considered by the jury. The appeal was dismissed, affirming the convictions on both counts of wilful murder.

Orders

Orders of the court

Appeal dismissed

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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