Frigger v WA

[2023] WASCA 39

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals
3. › Right of appeal
4. › Statutory basis for appeal
5. › Whether appeal lies against pretrial decisions
6. › Criminal Appeals Act 2004 (WA), ss 23, 26
1. Practice and Procedure
2. › Reopening perfected orders
3. › Intermediate appellate court
4. › Fraud on the court
5. › Whether perfected order of appellate court can be reopened
6. › Whether fraud on the court demonstrated
7. › Criminal Appeals Act 2004 (WA)
1. Practice and Procedure
2. › Finality of orders
3. › Perfected orders of intermediate appellate courts
4. › Exceptions to finality principle

Quick Take

The Criminal Appeals Act 2004 (WA) does not confer a right of appeal against pretrial decisions of the District Court, other than the specific pretrial decision referred to in s 26. Sections 38 and 40 of that Act presuppose a competently instituted appeal and do not themselves confer appeal rights. A perfected order of an intermediate appellate court cannot be reopened absent statutory provision, and even assuming a fraud exception exists, the prosecution's proposal to adduce supplementary evidence at retrial does not demonstrate that its earlier submissions about the sufficiency of evidence were deliberately false.