Lewis v WA [No 2]

(2008) 245 ALR 613; [2008] WASCA 155

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Procedural fairness
3. › Amendment of indictment
4. › Late amendment to allege more serious charge
5. › Refusal of adjournment
6. › Whether refusal constituted denial of procedural fairness and miscarriage of justice
7. › Criminal Code (WA), ss 297, 317(1)
8. › Criminal Appeals Act 2004 (WA), s 30(3), s 30(4)
1. Criminal Law
2. › Appeals
3. › Leave to appeal
4. › Application to review single judge's decision
5. › Whether single judge erred in refusing leave
6. › Criminal Appeals Act 2004 (WA), s 30(3)
1. Criminal Law
2. › Appeals
3. › Proviso
4. › Whether no substantial miscarriage of justice occurred
5. › Denial of procedural fairness through refusal of adjournment
6. › Criminal Appeals Act 2004 (WA), s 30(4)
1. Practice and Procedure
2. › Adjournment
3. › Criminal trial
4. › Case management considerations
5. › Whether case management can override procedural fairness
6. › Refusal of adjournment where indictment amended to allege more serious charge one business day before trial

Quick Take

Where the defence is served with a new or amended indictment alleging a more serious charge on the business day immediately preceding a criminal trial, the defence will ordinarily suffer prejudice if an adjournment is not granted. Case management considerations, including the inconvenience to witnesses and the efficient use of court time, cannot supplant the attainment of justice and are not, of themselves, a sufficient basis to refuse an adjournment in such circumstances.