Section 35(2) of the Criminal Appeals Act 2004 (WA) prohibits the Court of Appeal from ordering costs in appeals under Part 3 (appeals from convictions on indictment). The costs provisions in s 14(1)(h) and s 19(2) are confined to appeals from courts of summary jurisdiction. This reflects the common law rule that the Crown neither receives nor pays costs in trials on indictment or appeals therefrom.
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