Clegg v WA

[2016] WASCA 61

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Drug offences
3. › Appeal against conviction
4. › Application for bail pending appeal
5. › Whether exceptional reasons exist
6. › Whether strong prospects of success on appeal demonstrated
7. › Bail Act 1982 (WA), cl 4A pt C sch 1
1. Criminal Law
2. › Drug offences
3. › Whether substance was derivative of scheduled drug
4. › Sufficiency of expert evidence
5. › Misuse of Drugs Act 1981 (WA), s 6(1)(c)
1. Practice and Procedure
2. › Appeals
3. › Application for expedited hearing
4. › Whether delay attributable to appellant

Quick Take

Routine application of the requirement under cl 4A of pt C of sch 1 to the Bail Act 1982 (WA) that an applicant for bail pending appeal must demonstrate exceptional reasons, including strong prospects of success on appeal. Delay attributable to the appellant weighs against both bail and an expedited hearing.

Case Details

Citation[2016] WASCA 61

CourtWASCA

JurisdictionWestern Australia

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Relies on3

2011Milenkovski v The State of Western AustraliaWASCA 99
2010Shrivastava v The State of Western AustraliaWASCA 96
1999Caratti v RWASCA 91

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