Criminal Appeals Act 2004 (WA)

Western Australia

Western Australia

Criminal Appeals Act 2004

An Act about appeals in criminal cases and about related matters.

This Act may be cited as the Criminal Appeals Act 2004 1.

This Act comes into operation on a day fixed by proclamation 1.

This Act is to be read with the Criminal Procedure Act 2004.

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

[Section 4A inserted: No. 20 of 2013 s. 41.]

• (1)

  If not defined in this Act, words and expressions in this Act have the same definitions as in the Criminal Procedure Act 2004 unless the contrary intention appears.

• (2)

  In this Act, unless the contrary intention appears —

appeal means an appeal under this Act or an application for leave to appeal under this Act;

appellant includes an applicant for leave to appeal or for an extension of time within which to appeal or apply for leave to appeal;

concluded, in relation to an appeal, means decided, dismissed or discontinued;

Court of Appeal Registrar has the meaning given by the Supreme Court Act 1935;

court of summary jurisdiction means a court, or a person, that is acting in circumstances in which it is a court of summary jurisdiction by virtue of another written law;

limiting term has the meaning given in the Criminal Law (Mental Impairment) Act 2023 section 9(1);

rules of court means rules of court made by the Supreme Court;

superior court means the Supreme Court or the District Court but not the Court of Appeal;

Supreme Court does not include the Court of Appeal.

[Section 4 amended: No. 10 of 2023 s. 298.]

• (1)

  This section applies if an accused is sentenced for an offence by a superior court having been convicted of the offence by a court of summary jurisdiction and committed to the superior court to be sentenced for the offence.

• (2)

  Any appeal against both the conviction by the court of summary jurisdiction and the sentence imposed by the superior court must be commenced and conducted under Part 3, despite Part 2.

• (3)

  If in one or more appeals there are appeals against both a conviction of an offence by a court of summary jurisdiction and the sentence imposed by a superior court for the offence, the appeals are to be dealt with together by the Court of Appeal under Part 3, despite Part 2.

In this Part, unless the contrary intention appears —

decision, of a court of…