Nash v Director of Public Prosecutions (WA)

Mark Stephen Nash was convicted by McGrath J of a breach of bail charge, and now seeks leave to appeal that conviction. The appeal was lodged well out of time. In addition to the notice of appeal, Nash lodged a number of applications, including applications to adduce additional evidence in the appeal, to transfer the appeal to the Supreme Court of New South Wales (Court of Appeal), and to amend the grounds of appeal and to adduce additional evidence in the appeal. Nash is unrepresented and his submissions were not coherent. The Court dismissed the application to transfer the appeal to the Supreme Court of New South Wales (Court of Appeal). The Court rejected all grounds of appeal, including allegations of a substantial miscarriage of justice, that the trial judge failed to exclude evidence that was obtained unlawfully, that the trial judge erred by proceeding to trial without a jury, and that there is fresh evidence relevant to the appeal. The Court refused the applications to adduce additional evidence in the appeal and to amend the grounds of appeal and to adduce additional evidence in the appeal. The Court refused the application for an extension of time. The Court refused leave to appeal and dismissed the appeal.