Mansell v WA

[2012] WASCA 223

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Applications to adduce evidence on appeal
4. › Distinction between fresh and new evidence
5. › Whether proposed evidence relevant to grounds of appeal
6. › Criminal Appeals Act 2004 (WA), s 40(1)(b), s 40(1)(e)
1. Criminal Law
2. › Appeal
3. › Appointment of special commissioner
4. › Whether question involves lengthy examination of records or scientific or local investigation
5. › Whether court cannot conveniently deal with question
6. › Criminal Appeals Act 2004 (WA), s 40(1)(f)
1. Criminal Law
2. › Appeal
3. › Interlocutory applications by self-represented appellant
4. › Whether appellant bound by conduct of trial counsel
5. › Whether applications amount to attempt to re-litigate trial
1. Criminal Law
2. › Appeal
3. › Prosecution disclosure obligations
4. › Whether failure to call particular witnesses constitutes non-disclosure
5. › Criminal Procedure Act 2004 (WA), s 42, s 45

Quick Take

The special commissioner power under s 40(1)(f) of the Criminal Appeals Act 2004 (WA) is not enlivened by an appellant's desire to re-investigate matters that could have been pursued at trial, nor by unsubstantiated allegations of prosecution non-disclosure. The power has never been exercised in Western Australia. An appellant is bound by the conduct of trial counsel absent an allegation of miscarriage of justice arising from that conduct.