Hayley v The Queen

Case [2006] WASCA 33


HAYLEY -v- THE QUEEN [2006] WASCA 33



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASCA 33
THE COURT OF APPEAL (WA)
Case No:CACR:11/200510 NOVEMBER 2005 & 16 FEBRUARY 2006
Coram:ROBERTS-SMITH JA2/03/06
15Judgment Part:1 of 1
Result: Application for extension of time granted
Application for order dismissing appeal under r 43(2)(g)(ii) dismissed
A
PDF Version
Parties:BELINDA JANE HAYLEY
THE QUEEN

Catchwords:

Criminal law and procedure
Appeal
Appeal as of right on a question of law under s 688 Criminal Code (WA)
Whether leave now required under s 27 Criminal Appeals Act 2004 (WA)
Effect of "new rules order" under r 4 Supreme Court (Court of Appeal) Rules 2005 (WA)
Grounds of appeal changed after Criminal Appeals Act came into operation
Whether leave to appeal required
Appeal
Criminal law and procedure
Application for extension of time to file Appellant's Case
Application to dismiss appeal for want of prosecution

Legislation:

Acts Amendment (Court of Appeal) Act 2004 (WA), s 38
Criminal Appeals Act 2004 (WA), s 27
Supreme Court (Court of Appeal) Rules 2005 (WA), r 4, r 43(2)(g)(ii)

Case References:

Australian Coal and Shale Employees Federation v Aberfield Coal Mining Co Ltd (1942) 66 CLR 161
Colonial Sugar Refinery Co Ltd v Irving [1905] AC 369
Continental Liqueurs Pty Ltd v G F Heublein and Bro Inc (1960) 103 CLR 422
Cooks Hotel Pty Ltd v Pope (1983) 33 SASR 240
Esber v Commonwealth (1992) 174 CLR 430
Maxwell v Murphy (1957) 96 CLR 261
Rodway v The Queen (1990) 169 CLR 515
Worrall v Commercial Banking Co of Sydney Ltd (1917) 24 CLR 28
Yrttiaho v The Public Curator of Queensland (1971) 125 CLR 228

Dempster v National Companies & Securities Commission (1993) 9 WAR 215
Festa v The Queen (2001) 208 CLR 593
Pellicciotti v The Queen [2004] WASCA 10
R v Best [1998] 4 VR 603
R v Lewis (1998) 165 CLR 12
R v Ross (1987) 29 A Crim R 77
RPS v The Queen (2000) 199 CLR 620
TKWJ v The Queen (2002) 212 CLR 124

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : HAYLEY -v- THE QUEEN [2006] WASCA 33 CORAM : ROBERTS-SMITH JA HEARD : 10 NOVEMBER 2005 & 16 FEBRUARY 2006 DELIVERED : 2 MARCH 2006 FILE NO/S : CACR 11 of 2005 BETWEEN : BELINDA JANE HAYLEY
    Appellant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : MULLER DCJ

File No : IND 14 of 2004





Catchwords:

Criminal law and procedure - Appeal - Appeal as of right on a question of law under s 688 Criminal Code (WA) - Whether leave now required under s 27 Criminal Appeals Act 2004 (WA) - Effect of "new rules order" under r 4 Supreme Court (Court of Appeal) Rules 2005 (WA) - Grounds of appeal changed after Criminal Appeals Act came into…

Continue reading Hayley v The Queen

Sign in free to access the full text

Details
AGLC
Hayley v The Queen [2006] WASCA 33
Case
[2006] WASCA 33
Decision Date

CaseChat Overview and Summary

The appeal in this case was brought by Hayley, the appellant, against The Queen, the respondent, in the Supreme Court of Western Australia. The nature of the dispute revolves around the criminal law and procedure, specifically regarding an appeal as of right on a question of law. The appellant sought to appeal against a conviction and sentence that had been imposed by a lower court. The appellant contended that there was an error in the application of the law which warranted an appeal.

The central legal issues the court had to decide were whether leave was now required to appeal under the Criminal Appeals Act 2004 (WA), and if so, whether the appellant had fulfilled the necessary criteria to obtain it. Furthermore, the court had to consider the effect of a "new rules order" under the Supreme Court (Court of Appeal) Rules 2005 (WA), and the implications if the grounds of appeal had changed after the Criminal Appeals Act came into operation. The court also had to determine if leave to appeal was required and if the appellant's application for an extension of time to file their case was valid.

In its judgment, the court concluded that the appeal was brought within the prescribed time frame under the Criminal Appeals Act and that leave was not necessary. The court noted that the change in the grounds of appeal after the Act came into operation did not affect the appellant's right to appeal. Additionally, the court found that the "new rules order" did not impact the appellant's right to appeal. The court granted the application for an extension of time to file the appellant's case and dismissed the application to dismiss the appeal for want of prosecution.

The court's final orders were that the application for an extension of time was granted and the application to dismiss the appeal for want of prosecution was dismissed. The appeal was allowed to proceed on its merits.

Orders

Orders of the court

Application for extension of time granted

Application for order dismissing appeal under r 43(2)(g)(ii) dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.