Criminal

High Court Quashes Conviction Due to Technicality in Ordinance

In this case, the High Court quashed a conviction because of a technical issue in the wording of an ordinance. The clause requiring vehicles to proceed to any type of weighing device was found to exceed the power given by law, which specifically allowed only public weighbridges.

High Court Grants Murder Appeal for Fresh Trial

High Court Reduces Sentence for Sexual Assault

In this case, the High Court reduced a a person-year prison sentence to six months for an individual convicted of sexual assault. The court emphasised the importance of considering the unique circumstances of each case when determining appropriate sentencing under the Criminal Code W.A.

High Court Upholds Conviction in Cannabis Import Case

High Court Overturns Manslaughter Verdict for Improper Jury Guidance

In this case, the High Court overturned a manslaughter conviction because the trial judge gave incorrect instructions to the a person about considering a lesser charge when there wasn't enough proof for it. This mistake was harmful to the defendant's rights and led to an unfair outcome.

High Court Rejects Application to Prohibit Extradition Evidence Taking

The High Court dismissed an application made by someone seeking to stop a a person magistrate from taking evidence related to extradition proceedings for criminal matters in another country. The court ruled that the magistrate was within their rights, even if questions were asked by foreign judges and copies of transcripts were distributed.

High Court Rejects Appeal in Forgery Case

High Court: Undischarged Bankrupt Not Guilty When Cheques Dishonoured

The High Court ruled that an a person did not obtain credit under the law when they gave cheques for goods and those cheques were later dishonoured. This means no criminal charges could be upheld against them because there was no agreement to delay payment.