The Court confirmed, following Grover v Scott, Sharma v Hodgson, Fazio v St John-Ayre and Carden v City of Wanneroo, that a decision to refuse an application under s 71 of the Criminal Procedure Act 2004 (WA) to set aside a conviction entered in absence does not fall within the definition of 'decision' in s 6 of the Criminal Appeals Act 2004 (WA) and is therefore not amenable to appeal. The appropriate remedy is to appeal the underlying conviction itself. On the merits, the Court found no arguable defence to charges of failing to comply with notices under s 3.25 of the Local Government Act 1995 (WA) and s 140(1) of the Health (Miscellaneous Provisions) Act 1911 (WA), holding that neither s 22 nor s 23A(2) of the Criminal Code had any relevant application, and that the appellant's evidence was insufficient to raise any reasonable doubt given the compelling evidence of the respondent's health officer.
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