Prazmo v WA [No 2]

[2010] WASCA 99

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Leave to appeal
4. › Review of single judge's refusal of leave
5. › Whether original grounds had reasonable prospect of succeeding
6. › Criminal Appeals Act 2004 (WA), s 27(1), s 27(3)
1. Criminal Law
2. › Appeal against conviction
3. › Leave to appeal
4. › Review of single judge's decision
5. › Whether new grounds may be raised on review where leave refused on all original grounds
6. › Criminal Appeals Act 2004 (WA), s 27(3)
1. Practice and Procedure
2. › Extension of time
3. › Application to review single judge's decision
4. › Delay of over four months
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 8

Quick Take

Where a single judge refuses leave to appeal on all grounds under s 27(1) of the Criminal Appeals Act 2004 (WA), the appeal is automatically dismissed under s 27(3), and an applicant on review cannot raise new or additional grounds unless at least one original ground succeeds on review.