Barry v WA

[2007] WASCA 12

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application for review of single judge's refusal of leave to appeal
4. › Whether ground of appeal had reasonable prospect of success
5. › Criminal Appeals Act 2004 (WA), s 27
1. Criminal Law
2. › Trial
3. › Mental fitness to stand trial
4. › Whether trial judge made inadequate investigations
5. › Whether trial judge erred in failing to abort trial
6. › Criminal Law (Mentally Impaired Accused) Act 1996 (WA), ss 9, 10, 11, 12
1. Criminal Law
2. › Appeal
3. › Application to add additional ground of appeal
4. › Whether application competent after appeal dismissed
5. › Criminal Appeals Act 2004 (WA), s 27(3)
1. Practice and Procedure
2. › Court of Appeal
3. › Review of single judge's decision
4. › Nature of review under r 8
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 8
6. › Supreme Court Act 1935 (WA), s 61

Quick Take

Where concerns about an accused's mental fitness to stand trial are raised during trial but a clinical assessment reveals no concerns, and the accused's own evidence at trial demonstrates full understanding of the proceedings, the trial judge is not required to order further psychiatric examination. An application to add an additional ground of appeal is incompetent once the appeal has been taken to have been dismissed under s 27(3) of the Criminal Appeals Act 2004 (WA) following refusal of leave on all grounds.