O'Dea v Western Australia

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, EDELMAN AND STEWARD JJBRETT CHRISTOPHER O'DEA  APPELLANTANDTHE STATE OF WESTERN AUSTRALIA  RESPONDENTO'Dea v Western Australia[2022] HCA 24Date of Hearing: 4 May 2022Date of Judgment: 10 August 2022P53/2021ORDER1.Appeal allowed.2.Set aside the orders of the Court of Appeal of the Supreme Court of Western Australia made on 13 April 2021 and, in their place, order that:(a)there be an extension of time within which to apply for leave to appeal;(b)leave to appeal be granted;(c)the appeal be allowed;(d)the appellant's conviction be set aside; and(e)there be a new trial.On appeal from the Supreme Court of Western AustraliaRepresentationS Vandongen SC with A O Karstaedt for the appellant (instructed by NR Barber Legal)A L Forrester SC with S D Packham for the respondent (instructed by Office of the Director of Public Prosecutions (WA))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSO'Dea v Western AustraliaCriminal law – Parties to offence – Principal offenders – Where appellant and another charged jointly with offence of unlawfully doing grievous bodily harm with intent under s 294(1)(a) of Criminal Code (WA) – Where prosecution relied on s 7(a) of Criminal Code, which deems "[e]very person who actually does the act … which constitutes the offence" to be guilty of offence – Where uncertainty as to which act or acts of appellant or co-accused, or combination of their acts, caused grievous bodily harm – Where trial judge relevantly directed jury they could convict appellant...