Rizeq v The State of Western Australia [No 2]
[2015] WASCA 165
•24 AUGUST 2015
RIZEQ -v- THE STATE OF WESTERN AUSTRALIA [No 2] [2015] WASCA 165
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASCA 165 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACR:225/2013 | 21 MAY 2015 | |
| Coram: | McLURE P CHANEY J | 24/08/15 | |
| 3 | Judgment Part: | 1 of 1 | |
| Result: | Applications dismissed | ||
| B | |||
| PDF Version |
| Parties: | JOHN RIZEQ THE STATE OF WESTERN AUSTRALIA |
Catchwords: | Criminal law Application to review decision refusing bail pending conviction appeal Application to reinstate abandoned grounds Turns on own facts |
Legislation: | Misuse of Drugs Act 1981 (WA) |
Case References: | Rizeq v The State of Western Australia [2015] WASCA 81 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : RIZEQ -v- THE STATE OF WESTERN AUSTRALIA [No 2] [2015] WASCA 165 CORAM : McLURE P
- CHANEY J
- Appellant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : McCANN DCJ
File No : IND 202 of 2013
Catchwords:
Criminal law - Application to review decision refusing bail pending conviction appeal - Application to reinstate abandoned grounds - Turns on own facts
Legislation:
Misuse of Drugs Act 1981 (WA)
Result:
Applications dismissed
Category: B
Representation:
Counsel:
Appellant : In person
Respondent : Ms A C Longden
Solicitors:
Appellant : In person
Respondent : Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Rizeq v The State of Western Australia [2015] WASCA 81
1 JUDGMENT OF THE COURT: There are two applications before the court. The first is, in substance, an application to review the decision of Mazza JA in November 2014 refusing bail pending the determination of the appellant's conviction appeal: Rizeq v The State of Western Australia [2015] WASCA 81. The second application is for leave to 'reinstate any abandoned grounds' in the conviction appeal. The applications were filed after the hearing of the conviction appeal on 20 February 2015. Both applications should be dismissed.
2 Mazza JA's decision refusing bail was delivered on 27 November 2014. A review application must be filed within five working days after the date of the decision. The review application was filed on 24 April 2015.
3 The bail application was based solely on the alleged strength of ground 6 of the conviction appeal which is to the effect that the appellant should have been tried under federal law not the Misuse of Drugs Act 1981 (WA) because of inconsistencies between the two. Mazza JA refused bail stating:
Because ground 6 is not, in my view, strongly arguable, or one which is most likely to succeed, exceptional reasons for a grant of bail have not been demonstrated [17].
4 Mazza JA's assessment of the merits of ground 6 is correct for the reasons given in the determination of this appeal published contemporaneously with these reasons. An extension of time to review the decision should be refused and the application dismissed.
5 The other application, filed on 18 May 2015, should also be dismissed. The appellant, by his counsel, filed a formal notice dated 3 March 2015 abandoning grounds 3 and 5 of the appeal. On 12 May 2015 the appellant filed a notice of acting in person. It is clear the appellant's counsel acted after making an assessment that ground 3 and 5 were devoid of merit. There is nothing in the material that undermines the correctness of that assessment. There is no proper basis on which the appellant can now resile from the abandonment of grounds 3 and 5.
6 Both applications must be dismissed.
4