Wignall v The Queen

Wignall appealed against his conviction for rape, arguing that the trial judge erred in directing the jury on the issue of consent. The Crown conceded that the direction was erroneous and that the trial miscarried as a result. The appeal was heard in the Court of Criminal Appeal. The appellant contended that the trial was fundamentally unfair due to the erroneous direction and that the conviction should be quashed. The Crown conceded that the error was fundamental and that the trial miscarried.

The Court of Criminal Appeal considered the principles established in Worsnop v The Queen, where it was held that an erroneous direction concerning consent in a sexual assault trial could result in a miscarriage of justice. The Court held that the erroneous direction in this case was fundamental and that the trial miscarried as a result. The conviction on count 2 was quashed, and a new trial was ordered on that count. The sentences on the other counts were re-imposed but modified to be served concurrently. The total effective sentence was set at 10 months’ imprisonment for the first presentment and two years for the second presentment, with a non-parole period of 16 months.

The Court granted leave to appeal and allowed the appeal, quashing the conviction on count 2 and ordering a new trial. The appellant was remanded in custody pending the new trial. The sentences on the other counts were re-imposed with modifications, and the total effective sentence was fixed. The Court also made a declaration that the period already served would be reckoned as part of the new sentence.