Appeal pursuant to pt 2 div 2 of Criminal Appeals Act 2004 (WA)
Application for extension of time in which to appeal
Driving while disqualified from holding or obtaining licence
Quick Take
1Before hearing and determining a charge in the accused's absence under s 55(2) of the Criminal Procedure Act 2004 (WA), the court must be satisfied that the accused was served with the prosecution notice and a court hearing notice notifying the accused of the court date and the possibility of the matter being dealt with in absence; failure to demonstrate satisfaction of those preconditions on the transcript or evidence constitutes a miscarriage of justice.
2A refusal to set aside a conviction under s 71 of the Criminal Procedure Act 2004 (WA) does not constitute a 'decision' appealable under pt 2 of the Criminal Appeals Act 2004 (WA); the proper subject of appeal is the original decision to convict in absence.
3Where a self-represented appellant lodges an appeal within a short period after an unsuccessful s 71 application and no prejudice to the respondent is shown, an extension of time to appeal the original conviction may be granted.
