Lawless v Turner

[2007] WASCA 127

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Review of single judge's decision to refuse leave to appeal
4. › Whether error shown in single judge's decision
5. › Criminal Appeals Act 2004 (WA), s 27(3)
1. Criminal Law
2. › Appeal
3. › Fresh evidence on appeal
4. › Whether leave to adduce further evidence should be granted
5. › Whether new evidence changes basis of defence run at trial
6. › Criminal Appeals Act 2004 (WA), s 39(3), s 40(1)(e)
1. Criminal Law
2. › Appeal
3. › Grounds of appeal
4. › Whether new grounds may be raised on review that were not raised before single judge
5. › Criminal Appeals Act 2004 (WA), s 27(3)

Quick Take

On a review of a single judge's refusal of leave to appeal, the applicant must demonstrate error by the single judge; new grounds not raised before the single judge cannot be raised on review under s 27(3) of the Criminal Appeals Act 2004 (WA).