Smart v The State of Western Australia

In the case of Smart v The State of Western Australia, the appellant sought leave to appeal against a decision made by McKechnie J regarding bail, an extension of time within which to appeal, and bail pending appeal. The State of Western Australia opposed the applications. The case was heard by the court, which was required to determine whether the appellant had a reasonable prospect of success on appeal, and if so, whether an extension of time should be granted.

The legal issues before the court included whether the appellant had grounds for appeal, specifically whether McKechnie J was impartial, whether the appellant's criminal record and ability to prepare a defence were adequately considered, and if the decision was manifestly unreasonable. The court examined each ground of appeal and found that they did not demonstrate error. The court found that McKechnie J had adequately considered the appellant's criminal history and the impact of custody on his ability to prepare a defence. The court also found that the grounds alleging bias were not substantiated.

The court concluded that there was no reasonable prospect of success on appeal, and therefore, there was no justification for extending the time in which to appeal. As a result, the appeal was dismissed by virtue of s 27(3) of the Criminal Appeals Act. The court also dismissed the appellant's application for bail pending appeal. The formal orders of the court were: (1) application for leave to appeal dismissed; (2) application for extension of time to appeal dismissed; and (3) application for bail pending appeal dismissed. By virtue of s 27(3) of the Criminal Appeals Act, the appeal is dismissed.