R v WA

[2008] WASCA 127

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Extension of time
4. › Gross delay
5. › Whether exceptional circumstances or manifest miscarriage of justice warranting extension
6. › Criminal Appeals Act 2004 (WA), s 28
1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Conduct of legal practitioner
5. › Whether incompetent representation by trial counsel
6. › Whether any departure from requirements of fair trial
7. › Whether acts or omissions affected outcome of trial

Quick Take

The case confirms that the test for miscarriage of justice based on incompetent representation requires demonstration that counsel's acts or omissions affected the outcome of the trial, not merely that counsel failed to take a proof of evidence or that other counsel might have conducted the case differently. Whether or not a proof of evidence was taken is not the relevant question; the question is whether there was a miscarriage of justice occasioned by any failure to properly present the case.