Rahimi v WA

[2024] WASCA 13

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals against conviction
3. › Appeal from conviction following plea of guilty
4. › Whether miscarriage of justice
5. › Whether appellant did not understand nature of charge or intend to admit guilt
6. › Whether guilty plea obtained by improper inducement, fraud, intimidation or the like
7. › Whether upon admitted facts appellant could not in law have been guilty
8. › Criminal Code (WA), s 444(1)(a), s 409(1)(c)
1. Criminal Law
2. › Appeals against conviction
3. › Extension of time to appeal
4. › Lengthy delay
5. › Whether exceptional circumstances established
6. › Whether substantial miscarriage of justice if extension not granted
1. Criminal Law
2. › Appeals against conviction
3. › Additional evidence on appeal
4. › Whether fresh or new evidence
5. › Whether evidence could establish innocence or raise doubt as to guilt
1. Criminal Law
2. › Appeals against conviction
3. › Amendment of indictment
4. › Change of plea from 'destroyed' to 'damaged'
5. › Whether procedural irregularity
6. › Criminal Procedure Act 2004 (WA), s 132

Quick Take

This case is a straightforward application of established principles and does not change the law; it confirms the high threshold for setting aside convictions following guilty pleas.