SANTOS -v- the STATE of WESTERN AUSTRALIA [No 3]

[2013] WASCA 40

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   SANTOS -v- THE STATE OF WESTERN AUSTRALIA [No 3] [2013] WASCA 40

CORAM:   McLURE P

BUSS JA
NEWNES JA

HEARD:   12 OCTOBER 2012

DELIVERED          :   20 FEBRUARY 2013

FILE NO/S:   CACR 24 of 2012

BETWEEN:   JAMIESON ANDREW SANTOS

Appellant

AND

THE STATE OF WESTERN AUSTRALIA
Respondent

ON APPEAL FROM:

Jurisdiction              :  DISTRICT COURT OF WESTERN AUSTRALIA

Coram  :STEVENSON DCJ

File No  :IND 1616 of 2008

Catchwords:

Criminal law and procedure - Review of decision refusing application for bail pending appeal and adjourning application for appointment of a special commissioner - Turns on own facts

Legislation:

Criminal Appeals Act 2004 (WA), s 40(1)(f)
Supreme Court (Court of Appeal) Rules 2005 (WA), pt 2 div 3

Result:

Review dismissed

Category:    B

Representation:

Counsel:

Appellant:     In person

Respondent:     Mr L M Fox

Solicitors:

Appellant:     In person

Respondent:     Director of Public Prosecutions (WA)

Case(s) referred to in judgment(s):

Santos v The State of Western Australia [2012] WASCA 144

Santos v The State of Western Australia [2013] WASCA 39

1. McLURE P: This is a review under pt 2 div 3 of the Supreme Court (Court of Appeal) Rules 2005 (WA) of the decisions of Mazza JA refusing the appellant's application for bail pending appeal and adjourning his application for the appointment of a special commissioner under s 40(1)(f) of the Criminal Appeals Act 2004 (WA): Santos v The State of Western Australia [2012] WASCA 144.

2. The decision of Mazza JA on each application is correct for the reasons he gives.  Moreover, the court has now heard and determined the appellant's application for leave to appeal against conviction.  It has concluded that none of the appellant's grounds of appeal have a reasonable prospect of succeeding, with the consequence that the appeal is dismissed:  Santos v The State of Western Australia [2013] WASCA 39. Accordingly, the appellant's application for the appointment of a special commissioner to inquire into and report on a question in the appeal must also be dismissed.

3. Thus the orders will be that the review be dismissed and the appellant's application for the appointment of an examiner or special commissioner also be dismissed.

4. BUSS JA:  I agree with McLure P.

5. NEWNES JA:  I agree with McLure P.