Wimbridge v WA

[2009] WASCA 196

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Lengthy delay
5. › Principles governing application to extend time
6. › Whether exceptional circumstances shown
7. › Whether miscarriage of justice if extension not granted
8. › Criminal Appeals Act 2004 (WA), s 28(3)
1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Lengthy delay
5. › Five principal factors
6. › Nature and extent of delay
7. › Reasons for delay
8. › Merit of proposed grounds
9. › Prejudice to applicant
10. › Prejudice to State
1. Evidence
2. › Identification evidence
3. › Displacement effect
4. › Whether warning required where witness participated in creating composite image before digiboard identification
5. › Whether displacement effect arises from witness's own composite image

Quick Take

In applications for extension of time to appeal against criminal conviction where there has been lengthy delay, the court will consider five principal factors: nature and extent of delay, reasons for delay, merit of proposed grounds, prejudice to the applicant, and prejudice to the State. An applicant will not establish a 'miscarriage of justice' merely by showing that proposed grounds are reasonably arguable; the conviction must be attended by such doubt as to make it probable the appeal would be allowed and the conviction quashed. The displacement effect in identification evidence does not arise where the same witness created a composite image and then identified the accused from a photoboard, absent evidence or logical basis for such an effect.