Lawless v Turner

[2007] WASCA 2

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Leave to appeal
4. › Appeal from single Judge to Court of Appeal
5. › Whether reasonable prospect of succeeding on appeal
6. › Criminal Appeals Act 2004 (WA), s 9, s 18
1. Criminal Law
2. › Appeal
3. › Evidence on appeal
4. › Admission of fresh and new evidence
5. › Scope of discretion under statute
6. › Whether statutory discretion confined by common law principles
7. › Criminal Appeals Act 2004 (WA), s 40(1)(e)
1. Criminal Law
2. › Appeal
3. › Evidence on appeal
4. › New evidence
5. › Distinction between fresh evidence and new evidence
6. › Whether new evidence shows innocence or raises doubt about guilt

Quick Take

The scope of the discretion under s 40(1)(e) of the Criminal Appeals Act 2004 (WA) to admit evidence on appeal may be wider than the established common law principles governing fresh and new evidence, but even on the wider view, the common law principles remain significant considerations. The precise scope of the discretion was left open for determination in an appropriate case with full argument.