Napier v WA

(2008) 36 WAR 543; [2008] WASCA 106

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Procedure
3. › Appeal
4. › Extension of time to appeal
5. › Second application for extension after first refused on merits
6. › Whether second application competent
7. › Whether right of appeal exhausted
8. › Criminal Code (WA), ss 688, 695
1. Criminal Law
2. › Procedure
3. › Appeal
4. › Transitional provisions
5. › Whether Criminal Appeals Act 2004 (WA) applies retrospectively to revive exhausted appeal rights
6. › Whether right of appeal is substantive right
7. › Criminal Appeals Act 2004 (WA), ss 23(1), 27, 40(1)(l)
8. › Interpretation Act 1984 (WA), s 37(1)
1. Criminal Law
2. › Procedure
3. › Directions to jury
4. › Adequacy of directions
5. › Directions concerning criminal complicity under ss 7 and 8 of Criminal Code (WA)
6. › Whether trial judge required to relate directions on law to facts of case
7. › Criminal Code (WA), ss 7, 8

Quick Take

A second application for an extension of time to appeal against a criminal conviction is incompetent where the first application was refused on the merits, even where the second application raises different grounds. The Criminal Appeals Act 2004 (WA) does not apply retrospectively to revive appeal rights that were exhausted under the Criminal Code (WA). The right of appeal is a substantive right, not merely procedural.