A criminal appeal against a sentence of imprisonment under the Criminal Appeals Act 2004 (WA) abates upon the death of the appellant. The right of appeal under s 23(1)(b) is a personal statutory right that does not extend to any other person, and no-one has standing to conduct the appeal after the appellant's death. The court's remedial powers under s 31(5) are inapplicable to a deceased offender.
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