Wp v WA

[2011] WASCA 198

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Extension of time to appeal
4. › Whether proposed grounds of appeal have reasonable prospect of success
5. › Criminal Appeals Act 2004 (WA)
1. Criminal Law
2. › Appeal
3. › Incompetence of defence counsel
4. › Whether conduct of counsel caused miscarriage of justice
5. › Whether failure to adduce character evidence was rational tactical decision
6. › Whether trial was unfair
1. Criminal Law
2. › Appeal
3. › Additional evidence on appeal
4. › New evidence as distinct from fresh evidence
5. › Whether new evidence establishes innocence or raises doubt about conviction
1. Criminal Law
2. › Evidence
3. › Confessions
4. › Voluntariness
5. › Whether accused intoxicated at time of police interview
6. › Whether confession voluntary despite alleged cannabis and alcohol use

Quick Take

The case provides a useful compendium of the principles governing appeals based on incompetence of defence counsel, voluntariness of confessions by intoxicated persons, and the admission of new evidence on appeal, but does not extend or modify any of these principles. A decision by defence counsel not to put the accused's good character in issue, in order to avoid the risk of the prosecution adducing bad character evidence, is a rational tactical decision that will not ground a miscarriage of justice.