Nguyen v WA [No 2]

[2019] WASCA 5

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence appeal
4. › Application to reopen dismissed appeal
5. › Whether court has power to reopen appeal after dismissal under s 27(3)
6. › Criminal Appeals Act 2004 (WA), s 27(3)
1. Criminal Law
2. › Appeal
3. › Sentence appeal
4. › Reopening dismissed appeal
5. › Whether inherent power exists to reopen perfected criminal appeal orders
6. › No general power express or implied to reopen perfected orders
1. Criminal Law
2. › Appeal
3. › Sentence appeal
4. › Procedural fairness
5. › Whether failure of solicitor to file documents constitutes denial of procedural fairness to appellant
6. › Whether possible exception for denial of procedural fairness applies

Quick Take

Once leave to appeal has been refused on all grounds and the appeal is taken to have been dismissed under s 27(3) of the Criminal Appeals Act 2004 (WA), there is no power to reopen the appeal. A solicitor's failure to file documents or comply with court orders does not constitute a denial of procedural fairness to the appellant where the appellant was given the opportunity to raise additional grounds. The possible exception for denial of procedural fairness suggested in Pantorno v The Queen has never been held to exist.