WA v Burke [No 2]

[2012] WASCA 129

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Suitors' Fund
3. › Indemnity certificates
4. › Criminal appeals
5. › Appeal against acquittal on indictment
6. › Whether appeal under pt 3 of Criminal Appeals Act 2004 (WA) within definition of 'appeal' in Suitors' Fund Act 1964 (WA), s 3
7. › Whether court should grant certificates where no costs order made
8. › Suitors' Fund Act 1964 (WA), ss 3, 10(1)(a), 11(3)
1. Statutory Interpretation
2. › Definition clauses
3. › Inclusive definitions
4. › Expressio unius est exclusio alterius
5. › Whether express reference to pt 2 of Criminal Appeals Act 2004 (WA) excluded appeals under pt 3
6. › Legislative history as aid to construction
7. › Suitors' Fund Act 1964 (WA), s 3
1. Criminal Law
2. › Costs
3. › Common law rule that Crown neither receives nor pays costs in trials on indictment
4. › Effect on entitlement under Suitors' Fund Act 1964 (WA), s 11(3)

Quick Take

Appeals under pt 3 of the Criminal Appeals Act 2004 (WA) fall within the definition of 'appeal' in s 3 of the Suitors' Fund Act 1964 (WA), and the reference to 'Supreme Court' in s 10(1)(a) includes the Court of Appeal. However, indemnity certificates remain practically unavailable to respondents in Crown appeals from indictable proceedings because the common law rule against costs in such proceedings means s 11(3) renders any certificate otiose.