Perre v The King

The case of *Perre v The King* was heard by Livesey P, Bleby and David JJ. The dispute concerned an application for permission to appeal a conviction. The applicant sought an acquittal, but the fact of the applicant's death was not in dispute.

The legal issue before the Court was whether the applicant's statutory right of appeal survived their death, thereby allowing the appeal to be continued and determined by the Court.

The Court reasoned that statutory rights of appeal are generally personal and, in the absence of specific legislative provision to the contrary, abate upon the death of the appellant. The Court contrasted this with provisions in other jurisdictions, such as New South Wales and Queensland, which expressly permit appeals to be heard and determined notwithstanding the death of the convicted person, often in circumstances where the Attorney-General refers the case to the Court. The Court found that the relevant South Australian provisions under the Criminal Procedure Act (CPA) did not contain such a saving provision.

Accordingly, the Court concluded that the statutory right of appeal died with the applicant and therefore could not be continued or determined. The application for permission to appeal was dismissed.