Tang v The Queen

In Tang v The Queen, the appellant contested his conviction before the Court of Appeal of the Supreme Court of Western Australia. The case arose from the appellant's initial appeal against his conviction in July 2018, which was subsequently discontinued in September 2018. In April 2024, the appellant lodged another appeal against the same conviction. The central issue before the court was whether the appellant was permitted to bring a second appeal against the conviction under section 35E of the Criminal Appeals Act 2004 (WA), given that he had previously initiated an appeal that was discontinued before a determination on the merits.

The court examined the statutory provisions and relevant case law to determine whether a second appeal was permissible under the circumstances. It was necessary to interpret the scope of section 35E and understand the effect of the discontinuance notice on the appellant's right to appeal. The court also considered the principle of finality in criminal proceedings and the potential implications of allowing multiple appeals against the same conviction.

The Court of Appeal held that the appellant was not entitled to bring a second appeal against his conviction. The court reasoned that the discontinuance of the initial appeal constituted a final determination of that appeal, and thus the appellant could not subsequently bring another appeal against the same conviction. The court emphasised the importance of finality in criminal proceedings and noted that allowing multiple appeals could undermine the integrity of the judicial process. Consequently, the appeal was dismissed.

No further orders were made by the court.