The Criminal Appeals Act 2004 (WA) does not apply retrospectively to convictions recorded before its commencement; the right of appeal it confers is a substantive right. A prior dismissal of an application for extension of time to appeal as incompetent under the Criminal Code (WA) is an insuperable obstacle to a further application. The Court of Appeal has no express, implied or inherent power to re-open formal perfected criminal orders of the Court of Criminal Appeal.
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