Vella v WA

[2024] WASCA 48

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Second and subsequent appeals
4. › Interlocutory applications
5. › Application for interstate judges to hear appeals
6. › Whether Court of Appeal has power to appoint interstate judges
7. › Whether apprehension of institutional bias established
8. › Criminal Appeals Act 2004 (WA), pt 3A
9. › Supreme Court Act 1935 (WA), ss 7A, 8(2)(a), 10B(2)(a), 11
1. Practice and Procedure
2. › Apprehended bias
3. › Institutional bias
4. › Application for recusal of all judges of a court
5. › Whether relationship between Supreme Court and District Court creates apprehension of bias
6. › Whether prior adverse decisions give rise to apprehension of bias
1. Criminal Law
2. › Appeal
3. › Miscarriage of justice
4. › Conduct of defence counsel
5. › Whether former trial counsel should be compelled to provide affidavit or give evidence
6. › Whether subjective views of counsel relevant to inquiry into incompetence
7. › Criminal Appeals Act 2004 (WA), s 40

Quick Take

Interstate judges may be appointed to hear appeals in Western Australia only through Executive action and cannot be ordered by the court; applications for recusal based on institutional bias arising from a former counsel's appointment as a judicial officer of a different court will not succeed.