Further right to appeal passes WA parliament

The Criminal Appeals Amendment Bill 2021, the new statutory right of (second and subsequent) appeal, has now been introduced in Western Australia. It passed the parliament on June 15, 2022, and now awaits formal assent before being enacted.  The Australian Capital Territory is considering a similar Bill; similar legislation has been in force for some time South Australia, Tasmania and Victoria.

“Such amendments without a Criminal Cases Review Commission have only limited effect,” comments Flinders University legal academic Dr Bob Moles, “but it is nevertheless a positive step in the right direction.”

The WA Parliament provides the following information about the Bill in a memorandum:

This Bill creates a pathway for a second and subsequent appeal directly to the Court of Appeal, where currently, after all appeals are exhausted, a convicted person has no further right to appeal even if fresh or new evidence later emerges that suggests that a substantial miscarriage of justice has occurred. Currently, where new evidence has the potential to exonerate a convicted person, their only recourse is to lodge a petition for the exercise of the Royal Prerogative of Mercy by the Governor, or petition the Attorney General to refer the case to the Court of Appeal. The Bill will not affect the continued use of these powers by the executive.

 

Part 2 of the Bill contains amendments to the Criminal Appeals Act requiring any appeal under Part 3A to be commenced by application for leave to appeal to the Court of Appeal. Part 2 also sets out the powers of the Court of Appeal in hearing both applications for leave to appeal and appeals, providing for the allowance or dismissal of the appeal, and a range of options that may be utilised at the discretion of the Court of Appeal when an appeal has been allowed.

Part 3 of the Bill contains consequential amendments to the Criminal Procedure Act 2004 (WA), the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA), the Sentencing Act 1995 (WA) and the Supreme Court Act 1935 (WA). All consequential amendments insert a reference to appeals under the new Part 3A, where appropriate, in provisions which currently reference appeals under Part 2 or Part 3 of the Criminal Appeals Act.

Part 3 of the Bill also amends section 15A(2)(c) of the Bail Act 1982 (WA) and inserts proposed new section 15A(2)(d) to clarify that there is a right of appeal from a single judge of appeal to the Court of Appeal in relation to questions of bail pending appeal.

 

 

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15 Responses to Further right to appeal passes WA parliament

  1. Owen allen says:

    I hope, criminalogists, socialogists, psychologists and psychiatrists, Judges, Senior Police, Federal Politicians, ADF and others are scrutinising this blog and analysing what is written by whom; to determine unscrupulous illegal behaviour by authorities, and act. Now enough has been exposed already and nothing appears to be happening. We are patient, and Tasmania keep a good look out down the Derwent. If you see anything coming, it is too late anyway.

  2. Jerry Fitzsimmons says:

    I must add something to the comments of Williambtm, Fiona and Geraldine. All absolutely correct, I believe, as that is my understanding of the Tasmanian justice system, and don’t forget the government ministers overseeing it all. One Justice “ determines the evidence is not fresh”! Why or how could this Justice, the recognised ‘chief’, ‘senior’, or whatever term is professionally used, come to that conclusion, to determine, that “the evidence was not fresh”. Well, what appears to keep coming up, and of course, the uninitiated dare not speak of this, is the blatant nepotism that appears to ‘control’ this system. Dig deep and read who has worked alongside whom, then make your own mind up about a fair, transparent and honest decision making process in operation! What does this “determination” say about the other Justices and their practices, especially those who have been mentioned here? What does it tell us about the Etter/Selby papers presented to the parliament? My trust in this system is like that of our political system, slowly, but surely had lessened, and I don’t even live there. We are however, all under a federal system, which hopefully now will introduce an ICAC and eventually, state systems, such as CCRC’s in every state and territory. If there nothing to hide, why object to apparent corruptions being investigated?

  3. Robert Greenshields says:

    The recognition of a continuity of the status quo by so many contributors confirms todays dire disposition of Australian administrative, regulative, and judicial processing . Having the ability to appreciate, sadly, that for many/most citizens in our once great land, the culture of seemingly little more than a race to the bottom, through the excessive entitlement views, combined with practices many supposed exclusives and self perceived exceptionalists consider their scheduled right of passage, irrespective of honesty, morality and truthfulness, still subjugates innocents with old world colonially cultured barbarity and terrorising conclusions.
    Most recently I was fortunate enough to view a live show, the musical thriller, “Sweeney Todd” in Tamworth NSW (quite an apt location given the localities cemented, regressive, colonised policing cultures). For those not familiar, the story is based upon the injustices and dislocation of a Victorian era London family, who through the expedient manipulation of courts and legal processes outrageously active during that earlier time, culminated in Sweeney (the father), first being transported to Australia, and then through fate, returning in search of his loved ones many years later. On believing his family deceased his revengeful desires take control and he joins in a confederate liaison with an opportunistic female food vendor. Sweeney sings of London, and describes it thus;

    “There is a hole in the world like a great black pit, and it’s filled with people who are filled with shit, and the vermin of the world inhabit it, its morals aren’t worth what a pig could spit. At the top of the hole sit a privileged few, making mock of the vermin in the lower zoo, turning beauty into filth and greed”.

    I recognise artistic fields have an abundant licence with imagination, as do many supposed professional prosecutors and adherents to the judiciary, but after I reviewed a DVD of “Sweeney Todd”, a musical adaption not the Johnny Depp movie, following the evening out, I cannot again help but feel a strengthened resolute determination to energetically maintain a rapport and empathy towards those who have suffered in the past, continue to suffer, or in all probability unless there is a dramatic alteration in our nations lawful and legitimate direction, those who will again suffer due to the centuries aged misnomer that our judicial and policing forces are absolutely honest, trustworthy and beyond repute.
    Australia needs to re evaluate its tendency to blatantly accept the validity and constitutionality of our states and national legal services, if as a passing suggestion, Sweeneys verbiage when describing old London town (fore mentioned), is not looked upon as a mirror image of our current standards and procedures.
    Keep strong and safe Sue, you are not alone by any stretch of our imagination.

  4. Poppa Maddo says:

    There are many things about The English Adversarial Justice System that are unfair and leave trials open to inculpatory manipulation by The Prosecution.
    IMHO the worst of it is that when Judge only Trial results in a not-guilty verdict with adducement that The Complainant is not a credible witness, that it does not obviate a prior finding of guilt of an Accused at a Jury Trial involving the same Complainant and Co-complainants. This situaton saw my son put on The Pedophile Register having been imprisoned for crime he asserted he did not commit and for which no factual proof was presented that he did.
    He developed PTSD along wuth severe mental issues having lost his home,his children from a second relationship and any prospect of future employment.

    • Owen allen says:

      Poppa, Tasmania Police have the same problem, the complaintent is not a credible witness. IE Owen, attacked in a taxi cab, strangled in front of 2 witnesses. (We know who they are, now). Uniform attends scene outside night club. Takes brief statement. Contact next week.
      3 months later my patience exasperated, I used the opportunity at, the monthly Sullivans Cove Merchants Association meeting, where a Tasmanis a Police Officer addressed the meeting on local security.
      I took this opportunity to say I operated a local business, and drove taxi cabs, and was assaulted, and still waiting for contact. 3 months hence, about.
      The CEO of Maritime said he would talk to Senior Police as he is close to them. I received an invitation to a briefing and old mate Bully Barber was their to take my statement, who attended the scene, on the night.
      Bully Barber was demoted from CIB for assaulting people.
      Bully Barber perverted justice by bull shit. Contradicted my first statement.
      No shit, no, shit there was, cop shit. Liar, liar Michael Barber, GET A LIFE TASMANIA,

      • WHALENSKY says:

        OWEN. IT’S NOT JUST Tasmania–Have a read –Ordinary Paris ( France) Police WW2 Rounding up Little Jewish Children(usually knowing where they were hiding)without being instructed by their German Masters who didn’t really want to involved in murdering children– didn’t stop the kind of person who would join that type of outfit– Gendarmes. Off to the Holiday Farm in Poland for you children– as has been said many times– “The Necessary Evil” Australian Policey Persons don’t lie/ cheat–etc.etc. When I was in the Taxi Game–Prostitutes would occasionally complain about having to give money and jiggy jigs to Policey Men– Now– if you think about that kind of DOG behaviour– one jump more to the TOTAL MONGREL . Suppose you have read of the treatment given to the young NSW copper who refused to lie as required– the Police Union and up to Commissioner level- gave him hell ! Some things need to be said– over and over- There Urgently Needs to be a Verfict of “Not Proven” The Jhstice System right up to the TOP Level is Vomitous– Read Finnanes Book and his observations — every kind of putrid behaviour one can think off– ITS NOT TASMANIAN–Its the type of person attracted to positions of POWER– Say no more !

        • Owen allen says:

          Tasmania has Island Syndrome cronyism, nepotism and corruption. Less than 500,000 people, 3 Tiers of government, probably more bureaucrats per capita than any place on earth. Sorry, I am over the apologistic reasoning, like for instance, the Tasmanian Police Force is too corrupt to do anything about.
          That is why I told corrupt detectives to Fuck Off, who were attempting to intimidate me and then threatened me. I wasn’t talking to police officers, I was talking to Nazi Brown Shirts who thought they were Gestapo. I have them on a breaking United Nations Declaration, it is out there. They murdered a Vietnam Vet, bash people, burn houses down.

      • WHALENSKY says:

        OWEN- Owen- Tasmania ain’t bad at all– how about getting on a train to work– shot 6 times the FACE with hollow point– by dear little Policey Men who then set out to rubbish your character– Those Southern Ocean Heroes are just beginners even in the Australian Context. I encourage YOU – OWEN- TO READ- READ – READ! NO!NO!DONT DO THAT– MUCH better to be a MOO COW LIKE MUCH OF THE REST OF SOCIETY–Actually that won’t work either– unless you are lucky enough to be of the MOO COW TYPE ! And you obviously are NOT– The halfwits will almost certainly start a Nuclear War – maybe Soon! So you will fry in Tasmania–roasted 🍎 apple– mmm

        • Owen allen says:

          Thanks for the replies, if we do not attempt to stop it, it will grow; like Putin and Russia now; evil is everywhere, when we see it we have to react.
          To ignore evil, is to become an accomplice to it,
          Dr Martin Luther King.
          And, All that it takes for evil to prosper, is men of goodwill, to do nothing,
          Edmund Burke.
          Hey, I didn’t just walk up and volunteer, I was dragged into it by life, and I had no choice but fight like an ANZAC or run away. Todays society makes us all slaves to compromise, until you have nothing left to lose. NEVER GIVE UP. FEDERAL INVESTIGATION TASMANIA.

        • Owen allen says:

          I read many Sven Hassel, I read Hans-Ulrich Rudel, I read Douglas Bader; Reach For The Sky, and I am still reaching out. War is necessary to stifle Evil. But Putin is confused, but he may just be fulfilling prophecy.
          Brother Whalensky, read Disquiet- The Justifiable Homicide of an Australian Vietnam Veteran, by Paul Tapp. God Bless.

  5. Williambtm says:

    This enabled action in Tasmania was not able to serve the interests of Susan Neill-Fraser, due to the pig-headedness ruling this State’s Supreme Court Judiciary.
    (Exception to Justice Brett)
    This State’s Supreme Court has what I will call: mandatory bias against a complainant
    & or defendant.
    This mandatory bias would come into play, viz a viz to cancel the practising certificate of the respected & esteemed Ms Barbara Etter.

    • Fiona Peate says:

      Application for Susan Neill-Fraser’s further appeal was heard & agreed by Justice Brett, and the appeal considered by Justices Pearce, Estcourt & Wood.
      Justice Stephen Escourt said he would uphold the appeal & quash the conviction, while Justice Wood determined the evidence was not fresh nor compelling & Justice Pearce opted to dismiss the appeal.

    • Geraldine Allan says:

      Don’t forget Estcourt J, in the CCA decision, who would uphold the appeal.

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