❓ KHB v The State of Western Australia 1. Hon Nick Goiran to the parliamentary secretary representing the Attorney General: I refer to the recent case of KHB v The State of Western Australia involving a
AnsweredQoN 1Legislative Council
QuestionView source ↗
KHB v The State of Western Australia
1. Hon Nick Goiran to
the parliamentary secretary representing the Attorney
General:
I refer to the
recent case of KHB v The State of Western
Australia involving allegations of sexual offending against the
accused's two stepdaughters, where a retrial has now been ordered by the Court
of Appeal due to a mistake of the prosecutor.
(1) Was the prosecutor from within the Office of
the Director of Public Prosecutions or an externally briefed barrister?
(2) What steps are being taken to ensure that this
error is not repeated?
(3) Has an assessment been undertaken to ascertain
the cost to the state of this error?
(4) Has an apology been extended?
(5) If yes to (4), who extended the apology and to
whom?
1. Hon Nick Goiran to
the parliamentary secretary representing the Attorney
General:
I refer to the
recent case of KHB v The State of Western
Australia involving allegations of sexual offending against the
accused's two stepdaughters, where a retrial has now been ordered by the Court
of Appeal due to a mistake of the prosecutor.
(1) Was the prosecutor from within the Office of
the Director of Public Prosecutions or an externally briefed barrister?
(2) What steps are being taken to ensure that this
error is not repeated?
(3) Has an assessment been undertaken to ascertain
the cost to the state of this error?
(4) Has an apology been extended?
(5) If yes to (4), who extended the apology and to
whom?
AnswerView source ↗
I provide the
following response on behalf of the parliamentary secretary representing the
Attorney General.
(1)–(2) Prosecutors must act in compliance
with their statutory obligations, the legal profession uniform conduct rules,
the International Association of Prosecutors' standards of professional
responsibility, and the Office of the Director of Public Prosecutions (ODPP) Statement of Prosecution Policy and Guidelines 2022 .
These obligations apply to ODPP employees and external barristers who have been
briefed to appear on behalf of the ODPP. The ODPP delivers internal training
and continuous development programs that include the principle of law. The ODPP
intends to extend an offer of this internal training to external barristers who
accept prosecution briefs.
(3) No.
(4)–(5) The proceedings remain on foot. The
ODPP is committed to ensuring victims are informed and consulted throughout
proceedings, in accordance with the Policy and Guidelines
for Victims of Crime .
following response on behalf of the parliamentary secretary representing the
Attorney General.
(1)–(2) Prosecutors must act in compliance
with their statutory obligations, the legal profession uniform conduct rules,
the International Association of Prosecutors' standards of professional
responsibility, and the Office of the Director of Public Prosecutions (ODPP) Statement of Prosecution Policy and Guidelines 2022 .
These obligations apply to ODPP employees and external barristers who have been
briefed to appear on behalf of the ODPP. The ODPP delivers internal training
and continuous development programs that include the principle of law. The ODPP
intends to extend an offer of this internal training to external barristers who
accept prosecution briefs.
(3) No.
(4)–(5) The proceedings remain on foot. The
ODPP is committed to ensuring victims are informed and consulted throughout
proceedings, in accordance with the Policy and Guidelines
for Victims of Crime .
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