OKS v Western AustraliaCitation:[2019] HCA 10Before:Bell, Keane, Nettle, Gordon, Edelman JJDate:20 Mar 2019Case Number:P62/2018Read more

OKS v Western AustraliaCitation:[2019] HCA 10Before:Bell, Keane, Nettle, Gordon, Edelman JJDate:20 Mar 2019Case Number:P62/2018Read more

The court held that although the trial judge's direction was a wrong decision on a question of law, the application of the proviso was correct as no substantial miscarriage of justice actually occurred.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
20 March 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Appeal Against Conviction, Application of Proviso, Misdirection, Substantial Miscarriage of Justice
Criminal Law Appeal Against Conviction Application of Proviso Misdirection Substantial Miscarriage of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge's direction to the jury regarding the complainant's lies constituted a misdirection
  2. 2 Whether the application of the proviso that no substantial miscarriage of justice actually occurred was correct

Ratio Decidendi

The court held that although the trial judge's direction was a wrong decision on a question of law, the application of the proviso was correct as no substantial miscarriage of justice actually occurred.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.