WCM v WA

[2015] WASCA 55

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Preliminary appeal against decision prior to conviction
4. › Separate trial decision
5. › Time for commencing appeal
6. › Whether court has power to extend time
7. › Criminal Appeals Act 2004 (WA), s 26(5), s 28(3)
1. Criminal Law
2. › Appeal
3. › Preliminary appeal
4. › Competency of appeal
5. › Appeal filed out of time
6. › No express or implied power to extend time
7. › Criminal Appeals Act 2004 (WA), s 26(5)
1. Criminal Law
2. › Practice and Procedure
3. › Separate trials
4. › Adjournment of trial pending appeal
5. › Whether trial judge bound to adjourn
6. › Severance decision made on day trial listed to start
7. › Criminal Procedure Act 2004 (WA), s 133(7)
1. Statutory Interpretation
2. › Criminal legislation
3. › Time limits for appeal
4. › Whether general extension power applies to specific time limit
5. › Relationship between general and specific provisions
6. › Criminal Appeals Act 2004 (WA), s 26(5), s 28(3)

Quick Take

The seven-day time limit for commencing a preliminary appeal under s 26(5) of the Criminal Appeals Act 2004 (WA) is strict and cannot be extended by the Court of Appeal, as the general extension power in s 28(3) applies only to appeals subject to the 21-day time limit. Section 133(7) of the Criminal Procedure Act 2004 (WA) only requires adjournment of a trial where the severance decision is made before the day the trial is listed to start, not on that day.