Re Section 46L of the Criminal Appeals ACT 2004 (WA); Ex Parte Commissioner of Police

(2020) 56 WAR 209; [2020] WASCA 210

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Double jeopardy
3. › Prosecution of acquitted accused
4. › Definition of 'acquitted accused'
5. › Whether person 'tried on' a charge where person pleaded guilty and was acquitted on appeal
6. › Criminal Appeals Act 2004 (WA), ss 46A-46M, s 46B(1)
1. Criminal Law
2. › Double jeopardy
3. › Prosecution of acquitted accused
4. › Restrictions on publication
5. › Whether prohibition applies where person is not actually an acquitted accused
6. › Criminal Appeals Act 2004 (WA), s 46L(2)
1. Criminal Law
2. › Double jeopardy
3. › Prosecution of acquitted accused
4. › Restrictions on publication
5. › Meaning of 'publish'
6. › Whether communication to State Coroner is 'publication'
7. › Criminal Appeals Act 2004 (WA), s 46L(2)
1. Statutory Interpretation
2. › Construction of defined terms
3. › Meaning of 'tried' in criminal legislation
4. › Whether 'tried on a charge' encompasses guilty plea or only contested hearing
5. › Criminal Appeals Act 2004 (WA), s 46B(1)(a)
6. › Criminal Code (WA), s 17

Quick Take

A person who pleaded guilty, was convicted, and was subsequently acquitted on appeal is not an 'acquitted accused' within s 46B(1) of the Criminal Appeals Act 2004 (WA) because 'tried on a charge' requires a contested determination as to guilt. The publication prohibition in s 46L(2) does not apply where the person investigated is not actually an acquitted accused. 'Publish' in s 46L(2) means making information generally known, accessible or available, not communication to any other person. The question of whether 'tried' in s 17 of the Criminal Code (WA) encompasses guilty pleas was left open.