Anderson v WA [No 2]

[2015] WASCA 91

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Conviction based on plea of guilty
5. › Whether miscarriage of justice
6. › Whether appellant understood charge
7. › Whether plea obtained by inducement, fraud or intimidation
8. › Whether on admitted facts appellant could in law be guilty
9. › Criminal Appeals Act 2004 (WA)
1. Criminal Law
2. › Appeal
3. › Second appeal against sentence
4. › Whether court has power to entertain second appeal after first appeal finally disposed of
5. › Criminal Appeals Act 2004 (WA)
1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Whether extension of time should be granted
5. › Relevance of merit of appeal to grant of extension

Quick Take

The actual loss caused by fraud is a matter relevant to sentence, not conviction, and cannot be challenged through an appeal against conviction after a guilty plea. Where a sentence appeal has been finally disposed of, the Criminal Appeals Act 2004 (WA) does not permit a second appeal against sentence, nor does the court have power to reopen the first appeal to permit new grounds.