Shaun Southern had his appeal case refused by the WA Court of Appeal over the murder of Busselton woman Jenni Pratt and the attempted unlawful killing of Karen Williams.
Mr Southern was found guilty of the crimes after he drove his Toyota Landcruiser from Wonnerup Beach onto the Bussell Highway near Capel killing Ms Pratt and seriously injuring Ms Williams.
During the journey, Mr Southern drove recklessly into oncoming traffic on the incorrect side of the road causing a number of motorists to swerve off the road to avoid a collision.
When Mr Southern reached the dual carriageway of the Bussell Highway he deliberately drove north on the southbound lanes, into the path of oncoming traffic in a 110 kilometre per hour speed zone.
Mr Southern collided head on with Ms Pratt’s vehicle, trapping her in the driver’s seat, where she sadly died at the scene as a result of multiple injuries caused by the collision.
The prosecutor told the court that Mr Southern already had the right to a presumption of innocence, a fair trial and evidence assessed by a jury.
The prosecutor said that the Mr Southern’s guilt had been established beyond reasonable doubt.
“Jennifer Pratt had a right to make it home. I respectfully ask you to find the accused guilty,” the prosecutor said.
The Court found the sole ground of appeal did not have a reasonable prospect of success and was dismissed.
The sole ground of appeal alleged there was a miscarriage of justice at the trial as the judge failed to direct the jury to “the inappropriate comment” made by the prosecutor that the victims, state and community had a right to a conviction.
