Sro v WA

[2019] WASCA 63

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Misdirection by trial judge
5. › Directions concerning demeanour of complainant and absence of injuries
6. › Whether erroneous directions in co-accused's trial applied with equal force to appellant
7. › Whether miscarriage of justice
1. Criminal Law
2. › Appeal
3. › Extension of time to appeal
4. › Whether extension should be granted
5. › Co-accused's appeal already allowed on same grounds
1. Criminal Law
2. › Sentencing
3. › Violence restraining order
4. › Restraining order made upon conviction
5. › Whether statutory precondition satisfied
6. › Whether appellant and complainant in family relationship
7. › Whether restraining order null and void where conviction set aside on appeal
8. › Restraining Orders Act 1997 (WA), s 63A

Quick Take

Where a co-accused's appeal against conviction is allowed on the basis of erroneous judicial directions, those same grounds apply with equal force to the other co-accused tried jointly on the same indictment. A violence restraining order made under s 63A of the Restraining Orders Act 1997 (WA) is null and void where the statutory precondition of a family relationship between the offender and the victim does not exist. The Court of Appeal has power to declare such an order null and void where the underlying conviction has been set aside.