Glew v White

Case

[2012] WASCA 138

10 JULY 2012


Details
AGLC Case Decision Date
Glew v White [2012] WASCA 138 [2012] WASCA 138 10 JULY 2012

CaseChat Overview and Summary

The case of Glew v White involved the applicant, Glew, who sought leave to appeal against a decision of the Court of Appeal in relation to a criminal conviction. The applicant was convicted of a serious criminal offence and was sentenced to imprisonment. The legal issue before the court was whether the grounds of appeal presented by Glew had any reasonable prospect of succeeding. The court also had to consider whether the application for leave to appeal constituted an abuse of process.

The court considered the grounds of appeal and assessed whether they were arguable and had a reasonable prospect of success. The court noted that the applicant had to demonstrate that there was a real possibility that the appeal would be allowed and that the outcome of the trial was likely to be different if the appeal was successful. The court also considered whether the application for leave to appeal was an abuse of process, which would occur if the application was frivolous or vexatious, or if it was brought for an improper purpose. The court found that the grounds of appeal did not have a reasonable prospect of success and that the application for leave to appeal was an abuse of process. The court therefore refused the application for leave to appeal.

The court found that the grounds of appeal were not arguable and did not have a reasonable prospect of success. The court noted that the applicant had failed to identify any error of law or fact that would warrant the appeal being allowed. The court also found that the application for leave to appeal was an abuse of process because it was brought for an improper purpose and was vexatious. The court concluded that the application should be refused and that there were no grounds for leave to appeal.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Abuse of Process

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Most Recent Citation
McCardle v McCardle [2017] WADC 27

Cases Citing This Decision

18

McCardle v McCardle [2017] WADC 27
Cases Cited

13

Statutory Material Cited

5

Glew v White [2012] WASC 100