Under s 27(2) of the Criminal Appeals Act 2004 (WA), 'reasonable prospect of succeeding' means a ground must have a rational and logical prospect of success — it would not be irrational, fanciful or absurd to envisage it succeeding — amounting to a real prospect of success. This is a higher threshold than the previous 'arguable case' test under s 187(1) of the Justices Act 1902 (WA). The test is directed to each ground individually and does not require consideration of whether any error led to a substantial miscarriage of justice; that question is reserved for the appeal proper. The role of a single judge on a leave application is not to determine whether a ground would or should succeed, but whether it has a reasonable prospect of succeeding.
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