Chowdhury v Kenny [No 2]

[2012] WASCA 35

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Conviction entered upon plea of guilty
5. › Whether conviction should be set aside
6. › Self-defence raised for first time on appeal
7. › Admissibility of new evidence
8. › Whether new evidence establishes innocence or raises sufficient doubt
9. › Criminal Code (WA), s 301(1)
1. Criminal Law
2. › Appeal
3. › Leave to appeal
4. › Appeal from single judge to Court of Appeal
5. › Whether arguable miscarriage of justice demonstrated

Quick Take

The case applies settled principles that a conviction entered on a guilty plea will not be set aside on appeal unless the appellant shows they did not understand the charge, did not intend to admit guilt, or could not in law have been guilty on the admitted facts. New (as opposed to fresh) evidence must establish innocence or raise sufficient doubt, and must possess cogency and plausibility. Evidence of self-defence raised for the first time on appeal, where the appellant had multiple prior opportunities to disclose it, will lack the requisite cogency and plausibility.