Costea v Commissioner of Police

[2012] WASCA 118

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Criminal appeals
3. › Jurisdiction of Court of Appeal
4. › Interlocutory decisions during criminal trial
5. › Whether right of appeal under District Court of Western Australia Act 1969 (WA), s 79(1)(b)
6. › Whether Criminal Appeals Act 2004 (WA) covers the field
7. › Criminal Appeals Act 2004 (WA)
8. › District Court of Western Australia Act 1969 (WA), s 79(1)(b)
1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions in criminal proceedings
4. › Whether leave should be granted to review trial decisions while trial still underway
1. Practice and Procedure
2. › Criminal procedure
3. › Witness summons
4. › Public interest immunity
5. › Application to cancel witness summons
6. › Criminal Procedure Act 2004 (WA), s 166

Quick Take

A party to criminal proceedings in Western Australia has no right of appeal under s 79 of the District Court of Western Australia Act 1969 against interlocutory decisions made during the trial process. The Criminal Appeals Act 2004 (WA) covers the field, and such decisions can only be reviewed on appeal against conviction. Even if a right of appeal existed, leave would be refused for decisions made during an ongoing trial.