A criminal appeal may be dismissed for want of prosecution where there has been inordinate and inexcusable delay amounting to an abuse of process, applying the same test as in civil appeals. The Court of Appeal has jurisdiction under s 697 of the Criminal Code (WA) to exercise the same powers as the Full Court in civil appeals, including the power to dismiss for want of prosecution.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.