Section 27(2) of the Criminal Appeals Act 2004 (WA) postulates a presumptive refusal of leave to appeal unless the Court is positively satisfied the ground has a reasonable prospect of succeeding, which requires more than showing the ground is arguable. Apparent ambiguities in sentencing transcripts may be resolved by reference to the audio-tape of proceedings and formal court records such as the warrant of commitment. There is no broad tariff of 7 to 10 years for attempted murder; the appropriate sentence depends on the facts of the particular offence.
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