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Munmurrie v State of Western Australia

Link: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/wa/WASCA/2007/184.html?query=title(Munmurrie%20%20and%20%20State%20of%20Western%20Australia%20)

The appellant sought leave to appeal from his conviction for unlawful killing on six grounds, including:

The learned trial judge erred in law and fact by misdirecting the jury on the drawing of inferences
(a) by failing to direct the jury that the prosecution must prove that there was no other inference than that the Appellant killed the deceased;

(b) by directing the jury to determine whether there were inferences consistent with innocence or pointing away from guilt which could reasonably be drawn.
The learned trial judge erred in law and fact in allowing items of evidence containing and not containing DNA evidence in to evidence, when such evidence was inadmissible
(a) by failing to be relevant to a cause of death;

(b) by the states failure to call the person who performed the testing; Alternatively, even if the items were admissible,

(c) His Honor[sic] should not have invited the jury to infer that the blood of the deceased on the seat cover came to be there on 5 January 2005; and

(d) His Honors [sic] should have warned the jury against the misues [sic] of such items.