KAN v The State of Western Australia

The appeal was brought by the appellant against his convictions of multiple sexual offences against his stepdaughter, offences which were committed between 2005 and 2016. The appellant filed an appeal against his convictions and sentence, but subsequently filed a discontinuance notice bringing the appeal to an end. The appellant now seeks leave to withdraw the discontinuance notice, set aside the certificate of conclusion, and extend the time to file his appellant's case. The court held that the discontinuance notice was not a nullity, as the appellant understood that by filing the notice, the appeal was brought to an end. The court considered the merits of the proposed grounds of appeal, and found that there was no material irregularity in the conduct of the appellant's trial counsel, and that the trial judge had not erred in directing the jury on the use of the evidence of uncharged acts. The court held that it would not exercise its discretion to grant leave to withdraw the discontinuance notice, given the significant delay and lack of explanation for the delay. The court dismissed the appellant's application.