Vella v WA [No 2]

[2025] WASCA 70

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Second or subsequent appeals
4. › Fresh and compelling evidence
5. › New and compelling evidence
6. › Whether evidence relating to conduct of trial counsel constitutes fresh and compelling evidence relating to the offence
7. › Whether evidence of alleged adultery highly probative of provocation defence
8. › Criminal Appeals Act 2004 (WA), ss 35D, 35E, 35F
1. Criminal Law
2. › Appeal against conviction
3. › Second or subsequent appeals
4. › Jurisdiction
5. › Whether court has jurisdiction to hear second or subsequent appeal against conviction for summary offence dealt with as pending charge
6. › Whether conviction on complaint is conviction on indictment
7. › Criminal Appeals Act 2004 (WA), s 35E
8. › Sentencing Act 1995 (WA), ss 31, 32, 33
1. Criminal Law
2. › Appeal against conviction
3. › Extension of time
4. › Appeal filed 18 years out of time
5. › Guilty plea
6. › Whether exceptional circumstances established
7. › Whether miscarriage of justice shown
8. › Criminal Appeals Act 2004 (WA), s 27, s 28(3)
1. Practice and Procedure
2. › Apprehended bias
3. › Application for recusal
4. › Application for interstate judges
5. › Whether association between members of legal profession and judiciary creates reasonable apprehension of bias

Quick Take

A second or subsequent appeal under pt 3A of the Criminal Appeals Act 2004 (WA) is only available for offences convicted 'on indictment'; summary offences dealt with as pending charges under ss 32-33 of the Sentencing Act 1995 (WA) do not qualify, and evidence of trial counsel's alleged incompetence does not constitute evidence 'relating to the offence' for the purposes of s 35D.