The Court of Appeal held that, on a proper construction of the Criminal Appeals Act 2004 (WA), an appeal against conviction abates upon the death of the appellant, applying the principle established in Bell (Dec) v The State of Western Australia [2015] WASCA 236 (which concerned appeals against sentence) to the conviction appeal context. The appropriate order upon abatement is dismissal of the appeal.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.