Sherwood v WA

[2007] WASCA 81

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Delay of two years four months
5. › Whether exceptional circumstances or demonstrated miscarriage of justice
6. › Criminal Appeals Act 2004 (WA), s 27
1. Criminal Law
2. › Appeal
3. › Additional evidence on appeal
4. › Distinction between 'fresh' and 'new' evidence
5. › Whether new evidence shows appellant innocent or should not have been convicted
6. › Cogency and probative value of proposed new evidence
1. Criminal Law
2. › Appeal
3. › Leave to appeal
4. › Whether ground of appeal has reasonable prospect of success
5. › Criminal Appeals Act 2004 (WA), s 27(1), (2)

Quick Take

Where an appeal is filed more than two years out of time, the delay is 'inordinate' or 'gross' and the application rests entirely on the merits. Umpire lists that are not original documents, whose provenance depends solely on the appellant's own account, and which are contradicted by the appellant's trial testimony, lack the cogency required to meet the 'new evidence' threshold on appeal.