O'Dea v Western AustraliaCitation:[2022] HCA 24Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward JJDate:10 Aug 2022Case Number:P53/2021Read more
Section 7(a) does not permit the acts of one person to be attributed to another for the purposes of criminal responsibility as a principal offender; each accused must have personally done the act or acts constituting the offence. The trial judge's direction to the jury was erroneous and occasioned a miscarriage of justice.
- Parties
- Appellant: Appellant; Co Accused: Co-accused
- Jurisdiction
- Australia
- Judgment Date
- 10 August 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Parties to Offence, Principal Offenders, Grievous Bodily Harm, Attribution of Acts, Jury Directions
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Appellant
Appellant
Co-accused
Co Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether s 7(a) of the Criminal Code (WA) permits acts of one person to be attributed to another for the purposes of criminal responsibility as a principal offender
- 2 Whether the trial judge's direction to the jury regarding acting in concert and attribution of acts occasioned a miscarriage of justice
Ratio Decidendi
Section 7(a) does not permit the acts of one person to be attributed to another for the purposes of criminal responsibility as a principal offender; each accused must have personally done the act or acts constituting the offence. The trial judge's direction to the jury was erroneous and occasioned a miscarriage of justice.
Court Disposition
appeal allowed
Orders
- Conviction quashed
- New trial ordered
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment