Easterday v WA

(2005) 30 WAR 122; [2005] WASCA 105

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Court of Criminal Appeal
4. › Powers on quashing conviction
5. › Restitution orders dependent on conviction
6. › Whether restitution orders annulled upon quashing of conviction
7. › Criminal Code (WA), ss 687, 694, 697, 717
1. Criminal Law
2. › Appeal
3. › Court of Criminal Appeal
4. › Powers on quashing conviction
5. › Power to order repayment of money paid pursuant to restitution order
6. › Whether s 697 Criminal Code imports power from civil appellate jurisdiction
7. › Criminal Code (WA), s 697
1. Criminal Law
2. › Appeal
3. › Court of Criminal Appeal
4. › Powers on quashing conviction
5. › Whether power to order repayment is discretionary
6. › Criminal Code (WA), s 697
1. Practice and Procedure
2. › Courts
3. › Statutory courts
4. › Implied powers
5. › Distinction between inherent and implied jurisdiction
6. › Power necessarily implied as ancillary to express power

Quick Take

When a conviction is quashed, restitution orders dependent on that conviction are null and void. The Court of Criminal Appeal has power under s 697 of the Criminal Code (WA) to order repayment of money paid pursuant to such orders, with interest. While the power is discretionary, restitution will ordinarily be ordered in favour of the successful appellant. The party required to repay retains the right to assert its entitlement to the money in separate civil proceedings.