Egitmen v WA

[2026] WASCA 21

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Second or subsequent appeal against conviction
4. › Fresh and compelling evidence
5. › Whether statutory declaration of deceased witness constitutes compelling evidence
6. › Whether highly probative in context of issues in dispute at trial
7. › Criminal Appeals Act 2004 (WA), ss 35D, 35E, 35F
1. Criminal Law
2. › Murder
3. › Self-defence
4. › Excessive self-defence
5. › Whether evidence of grandparents material to issues of intention and self-defence
6. › Criminal Code (WA), ss 248, 279

Quick Take

Proposed fresh evidence which goes only to the credibility of witnesses whose evidence was not material to the critical issues at trial will not satisfy the 'highly probative' threshold for compelling evidence under part 3A of the Criminal Appeals Act 2004 (WA).

Case Details

Citation[2026] WASCA 21

CourtWASCA

JurisdictionWestern Australia

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Relies on5

2025Luo v The KingWASCA 36
2016Egitmen v The State of Western AustraliaWASCA 214
2014Smith v The State of Western AustraliaWASCA 90
2013Goodwyn v The State of Western AustraliaWASCA 141
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