Bolton v WA

[2006] WASCA 34

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal law and procedure - Appeal - Application for leave to appeal - Application to amend Appellant's Case by adding new ground - Scientific examination or testing of exhibits and other items after trial - Whether additional evidence capable of raising reasonable doubt about applicant's guilt - Appropriate test
1. Criminal law and procedure - Appeal - Application to adduce additional evidence on appeal - Section 40 Criminal Appeals Act 2004 (WA) - "New" or "fresh" evidence

Quick Take

A preliminary expert report based on incomplete information provided by the accused, where the expert has not examined any items and the factual basis is not detailed, is not capable of meeting the threshold for admission as additional evidence on appeal. Where additional evidence could reasonably have been obtained before trial, it is 'new' rather than 'fresh' evidence and must be capable of satisfying the court of the applicant's innocence or raising such a doubt that the applicant should not have been convicted.