MMC v WA

[2018] WASCA 52

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application to extend time to appeal against conviction
4. › Appeal notice more than five years out of time
5. › No adequate explanation for delay
6. › No merit in proposed ground of appeal
1. Criminal Law
2. › Appeal
3. › Setting aside conviction on plea of guilty
4. › Whether plea of guilty compelled by police or legal representative
5. › Whether miscarriage of justice
6. › Whether plea entered in exercise of free choice
1. Criminal Law
2. › Criminal responsibility
3. › Immature age
4. › Whether offender under 14 years at time of offence
5. › Section 29 Criminal Code (WA)
6. › Ages referred to are chronological not emotional
1. Criminal Law
2. › Appeal
3. › Additional evidence on appeal
4. › Whether additional evidence capable of demonstrating miscarriage of justice

Quick Take

The ages referred to in s 29 of the Criminal Code (WA) (criminal responsibility of persons under 14) are chronological and do not take into account emotional factors such as emotional retardation caused by childhood abuse. Advice by a lawyer to plead guilty, even where the accused maintains innocence, does not amount to compulsion capable of vitiating a plea of guilty. A very long delay in bringing allegations of compulsion against a lawyer or police seriously undermines the credibility of those allegations.