Bartlett v Commonwealth Director of Public Prosecutions

[2013] WASCA 223

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Rights of appeal in criminal proceedings
4. › Interlocutory decisions
5. › Whether accused has right of appeal from interlocutory decision in indictable offence proceedings
6. › Whether Criminal Appeals Act 2004 (WA) exhaustively covers appeal rights of parties
7. › Criminal Appeals Act 2004 (WA), Pt 3, ss 23, 24, 26
1. Criminal Law
2. › Appeal
3. › Federal jurisdiction
4. › Commonwealth indictable offences tried in State courts
5. › Application of State appellate procedures to Commonwealth offences
6. › Judiciary Act 1903 (Cth), s 68
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether arguable case on jurisdiction
5. › Whether evidentiary basis for adverse inference as to motives for bringing appeal

Quick Take

An accused charged with an indictable offence in Western Australia has no right of appeal from interlocutory decisions made in the course of criminal proceedings (other than refusal of separate trial under s 26 CAA), and can only challenge such decisions in any appeal against conviction. This applies equally to Commonwealth indictable offences prosecuted in State courts. The characterisation of a decision as interlocutory or final is not determinative; the relevant question is whether the accused has been convicted. The question whether non-parties to criminal proceedings have appeal rights outside the CAA remains open.