HTN v WA

[2024] WASCA 5

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Consequential orders
4. › Family violence restraining orders
5. › Restraining order founded on conviction set aside on appeal
6. › Whether restraining order should be cancelled
7. › Restraining Orders Act 1997 (WA), s 63A
8. › Criminal Appeals Act 2004 (WA), s 40(1)(l), (m)

Quick Take

Where family violence restraining orders are made solely pursuant to s 63A of the Restraining Orders Act 1997 (WA) and the underlying conviction is set aside on appeal, the Court of Appeal may cancel the orders with effect from the date the conviction was set aside under s 40(1)(l) and (m) of the Criminal Appeals Act 2004 (WA).