Kalbasi v Western AustraliaCitation:[2018] HCA 7Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:14 Mar 2018Case Number:P21/2017Read more

Kalbasi v Western AustraliaCitation:[2018] HCA 7Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:14 Mar 2018Case Number:P21/2017Read more

The erroneous direction as to intention was fundamental and deprived the appellant of a fair chance of acquittal; therefore, a substantial miscarriage of justice occurred and the proviso could not be applied.

Parties
Appellant: Appellant; Respondent: Prosecution
Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Appeal Against Conviction, Application of Proviso, Misdirection, Possession With Intent to Sell or Supply, Miscarriage of Justice
Criminal Law Appeal Against Conviction Application of Proviso Misdirection Possession With Intent to Sell or Supply Miscarriage of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Prosecution

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the erroneous direction as to intention constituted a substantial miscarriage of justice
  2. 2 Whether the misdirection precluded application of the proviso under s 30 of the Criminal Appeals Act 2004 (WA)

Ratio Decidendi

The erroneous direction as to intention was fundamental and deprived the appellant of a fair chance of acquittal; therefore, a substantial miscarriage of justice occurred and the proviso could not be applied.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • new trial ordered