Cooper v Sinnathamby & Anor (No 1)

[2006] WASCA 82

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law and Procedure
2. › Appeal
3. › Compensation order
4. › Appeal against compensation order made in favour of victim
5. › Whether victim properly joined as respondent
6. › No express statutory provision for victim as respondent
7. › Whether Court of Appeal has power to order joinder
8. › Criminal Appeals Act 2004 (WA), s 40(1)(l)
9. › Sentencing Act 1995 (WA), ss 110, 117, 119
1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Joinder of interested party in criminal appeal
5. › Person whose rights directly affected by outcome
6. › Inherent jurisdiction and implied powers of statutory court
7. › Rules of the Supreme Court 1971 (WA), O 18 r 6

Quick Take

A victim in whose favour a compensation order has been made under s 117 of the Sentencing Act 1995 (WA) may be joined as a respondent to the offender's appeal against that order, notwithstanding the absence of express statutory provision, by exercise of the Court of Appeal's power under s 40(1)(l) of the Criminal Appeals Act 2004 (WA) or O 18 r 6 of the Rules of the Supreme Court.

Case Details

Citation[2006] WASCA 82

CourtWASCA

JurisdictionWestern Australia

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Relies on11

2005Easterday v The State of Western AustraliaWASCA 105
2004Fitzpatrick v The QueenWASCA 99
1999Homestyle Pty Ltd v City of Belmont & AnorWASCA 59
1999Kavia Holdings Pty Limited and 1 Ors v Werncog Pty LimitedNSWSC 839
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