A second or subsequent appeal under Part 3A of the Criminal Appeals Act 2004 (WA) requires the existence of fresh and compelling or new and compelling evidence at the time the appeal is brought; it is not an opportunity to relitigate evidence from trial, and an accused is ordinarily bound by forensic choices made at trial including the exercise of the right to silence.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
6 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.