Full Court Minute Books

Case P24/2018

Rodi v. State of Western Australia

Case No.


Case Information

Lower Court Judgment

21/04/2017 Supreme Court of Western Australia (Court of Criminal Appeal) (Buss P, Newnes and Mitchell JJA )

[2017] WASCA 81


Criminal law – Miscarriage of justice – Fresh evidence – Criminal Appeals Act 2004 (WA) – Where appellant convicted at trial of possession with intent to sell or supply contrary to s 6(1)(a) of Misuse of Drugs Act 1981 (WA) – Where prosecution witness gave evidence at trial about cannabis yields – Where witness’ evidence inconsistent with witness’ earlier evidence – Where majority of Court of Appeal characterised witness’ earlier evidence as fresh evidence but dismissed appeal on basis no significant possibility appellant would have been acquitted if fresh evidence before jury – Whether majority of Court of Appeal erred in concluding no significant possibility of acquittal – Whether majority of Court of Appeal erred in holding that if prosecutor breached duty of disclosure, breach did not give rise to miscarriage of justice.

Short particulars


20/04/2018 Hearing (SLA, Canberra v/link Perth)

04/05/2018 Notice of appeal

15/06/2018 Written submissions (Appellant)

15/06/2018 Chronology (Appellant)

13/07/2018 Written submissions (Respondent)

23/07/2018 Reply

07/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

07/08/2018 Outline of argument (Appellant)

07/08/2018 Outline of argument (Respondent)

10/10/2018 Judgment (Judgment summary)