Smart v Director of Public Prosecutions for Western Australia

[2023] WASCA 192

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Prosecution appeal against sentence
5. › Backdating of sentences of imprisonment
6. › Whether time in custody already taken into account for other offences
7. › Whether miscarriage of justice
8. › Sentencing Act 1995 (WA), s 87(1), s 87(2)
1. Criminal Law
2. › Appeal
3. › Service of appeal documents
4. › Whether appellant served with appeal documents
5. › Whether miscarriage of justice arose from hearing appeal in appellant's absence
6. › Criminal Procedure Rules 2005 (WA), r 65, r 67

Quick Take

Under r 67(4) of the Criminal Procedure Rules 2005 (WA), a respondent who fails to file a notice of intention after being served with appeal documents is not entitled to take part or be heard in the appeal and the court has no obligation to notify them of the hearing date.