WAWASCA
Abdallah v The Queen
[2018] WASCA 48
Court of Appeal (WA)|2018-04-11|Before: Buss P, Beech JA, Pritchard J
View original sourceAt a glance
Source factsCourt
Court of Appeal (WA)
Decision date
2018-04-11
Before
Buss P, Beech JA, Pritchard J
Source
Original judgment source is linked above.
Judgment (118 paragraphs)
[1]
- For the reasons given by Buss P, I would apply the proviso. Consequently, I would dismiss the appeal.
[2]
- I have had the advantage of reading the draft reasons of Buss P. I agree with his Honour, for the reasons that he gives, that the impugned direction given by the trial judge constituted a wrong decision on a question of law, for the purposes of s 30(3)(b) of the Criminal Appeals Act 2004 (WA) (Act), and further or alternatively, occasioned a miscarriage of justice, for the purposes of s 30(3)(c) of the Act. I also agree with his Honour's conclusion, for the reasons he gives, that the proviso in s 30(4) of the Act applies, and that the appeal should therefore be dismissed.
[3]