Grounds of appeal under div 3 of pt 2 of the Criminal Appeals Act 2004 (WA) must identify error by the single judge on the intermediate appeal; a miscarriage of justice in the court of summary jurisdiction that was not raised before the single judge cannot be raised for the first time in the Court of Appeal. The existence of a common law duty of disclosure for simple offences in WA remains an open question. Where non-disclosed CCTV footage could not by any sensible possibility have affected the verdict, the proviso applies.
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