Hayley v WA

[2006] WASCA 263

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against conviction
4. › Leave to appeal refused on all grounds
5. › Whether appeal automatically dismissed
6. › Criminal Appeals Act 2004 (WA), s 27(3)
1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against conviction
4. › Power of single judge to dismiss appeal
5. › Leave refused on each ground
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)
1. Practice and Procedure
2. › Appeal
3. › Adjournment to formulate new grounds of appeal
4. › Whether adjournment should be granted
5. › Protracted proceedings
6. › Interests of justice

Quick Take

Section 27(3) of the Criminal Appeals Act 2004 (WA) operates automatically to dismiss a criminal appeal where leave to appeal has been refused on all extant grounds, without the need for a formal order of dismissal. The court will not grant adjournments to enable the speculative formulation of new grounds of appeal where proceedings have been protracted and there is no realistic prospect of a cogent ground being identified.