Sherkam v Parker

[2002] WASCA 179

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Criminal appeal
3. › Summary conviction
4. › Leave to appeal to Full Court
5. › Second application for leave after prior refusal on merits
6. › Whether competent
7. › Whether different grounds of appeal relevant
8. › Justices Act 1902 (WA), s 206A
1. Practice and Procedure
2. › Jurisdiction
3. › Statutory jurisdiction of appellate court
4. › Whether statute provides for one application only
5. › Functus officio after determination on merits

Quick Take

Under s 206A of the Justices Act 1902 (WA), only one application for leave to appeal to the Full Court is permitted. Once such an application has been heard and determined on its merits, no further application is competent, even if based on different grounds or supported by new evidence.