Willis v The Queen

Case [2001] WASCA 296


WILLIS -v- THE QUEEN [2001] WASCA 296



(2001) 25 WAR 217
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 296
COURT OF CRIMINAL APPEAL
Case No:CCA:80/200023 APRIL 2001
Coram:WALLWORK J
OWEN J
PARKER J
26/09/01
39Judgment Part:1 of 1
Result: Appeal dismissed
A
PDF Version
Parties:DAMIEN PETER WILLIS
THE QUEEN

Catchwords:

Criminal law
Evidence
Accused interviewed twice by police
Prosecution led evidence of first interview at trial but not second
Whether defence could adduced evidence of second interview
Interviews 12 days apart, new circumstances
Not in truth one interview
Criminal law
Common purpose
Whether evidence capable of supporting withdrawal from common purpose
No new principles

Legislation:

Nil

Case References:

Allied Interstate (Queensland) Pty Ltd v Barnes (1968) 118 CLR 581
Bannon v The Queen (1995) 185 CLR 1
Barlow (1997) 93 A Crim R 113
Callaghan (1993) 70 A Crim R 350
Middleton v The Queen (1998) 19 WAR 179
Mraz (1955) 93 CLR 493
Pearce v The Queen (1979) 69 Cr App R 365
Pollitt v The Queen (1992) 174 CLR 558
R v Callaghan [1994] 2 Qd R 300
R v Raw (1984) 12 A Crim R 299
R v Su & Others (1995) 129 FLR 120
R v Su [1997] 1 VR 1
Seiffert & Stupar v The Queen, unreported; CCA SCt of WA; Library No 990003; 15 January 1999
Spence v Demasi (1988) 48 SASR 536
Walton v The Queen (1989) 166 CLR 283

Kochnieff (1987) 33 A Crim R 1
MH v The Queen, unreported; CCA SCt of WA; Library No 970203; 17 May 1997
Smith v Blandy (1825) 171 ER 1013
The Queen's Case (1820) 129 ER 976
Wace v The Queen, unreported; CCA SCt of WA; Library No 980124; 24 March 1998

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : WILLIS -v- THE QUEEN [2001] WASCA 296 CORAM : WALLWORK J
    OWEN J
    PARKER J
HEARD : 23 APRIL 2001 DELIVERED : 26 SEPTEMBER 2001 FILE NO/S : CCA 80 of 2000 BETWEEN : DAMIEN PETER WILLIS
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Evidence - Accused interviewed twice by police - Prosecution led evidence of first interview at trial but not second - Whether defence could adduced evidence of second interview - Interviews 12 days apart, new circumstances - Not in truth one interview



Criminal law - Common purpose - Whether evidence capable of supporting withdrawal from common purpose - No new principles


Legislation:

Nil



(Page 2)

Result:

Appeal dismissed




Category: A


Representation:


Counsel:


    Applicant : Mr B J Singleton QC
    Respondent : Mr B Fiannaca


Solicitors:

    Applicant : Andree Horrigan
    Respondent : State Director of Public Prosecutions



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

Allied Interstate (Queensland) Pty Ltd v Barnes (1968) 118 CLR 581
Bannon v The Queen (1995) 185 CLR 1
Barlow (1997) 93 A Crim R 113
Callaghan (1993) 70 A Crim…

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Willis v The Queen [2001] WASCA 296
Case
[2001] WASCA 296
Decision Date

CaseChat Overview and Summary

In the case of Willis v The Queen, the defendant appealed against his conviction for an offence of murder, arguing that the trial judge erred in excluding evidence of a second police interview. The trial had only included evidence of a first interview conducted 12 days earlier. The High Court of Australia was required to determine whether the trial judge's decision to exclude the second interview was legally sound.

The legal issues that arose centred on the admissibility of the second police interview and the application of the common purpose doctrine. The defence sought to introduce evidence from the second interview, arguing that it was relevant to demonstrate the defendant's withdrawal from the common purpose. The prosecution contended that the second interview was not a continuation of the first, and therefore, its exclusion was justified.

The Court found that the second interview was not a continuation of the first and was, in fact, a separate interview occurring under different circumstances. As such, the trial judge was not wrong in excluding the second interview's evidence. Additionally, the Court held that the evidence, even if admissible, was not sufficient to support a withdrawal from the common purpose. The Court concluded that no new legal principles were required to resolve the matter at hand.

Accordingly, the appeal was dismissed, and the conviction was upheld. The Court's decision emphasised the importance of maintaining the integrity of the judicial process by ensuring that evidence presented in court is relevant and not prejudicial to the defendant.

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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