Wiki v Police

In Wiki v Police, Victoria Wiki appealed the dismissal of her appeal against conviction and sentence. Wiki had pleaded guilty to wilful trespass and assaulting a police officer. The High Court dismissed her appeal on 21 August 2018. Wiki filed a notice of appeal to the Court of Appeal and also applied for access to the transcript of her appeal hearing, citing her deafness as the reason. The court had to decide if Wiki had the right to access the transcript and if the transcript was necessary for a potential appeal to the Court of Appeal.

The court considered the relevant legal principles under the Senior Courts (Access to Court Documents) Rules 2017, which allow parties to access court documents. However, the court noted that the transcript of Wiki's appeal was not in existence at the time of her request, and preparing a transcript involved time and expense. The court also considered the limited resources available for such transcription and the high threshold for a second appeal under the Criminal Procedure Act 2011. The court concluded that Wiki's prospects of success on appeal were extremely low, as she had pleaded guilty and accepted the facts of the case. The court also noted that Wiki had not raised any issues during the appeal hearing that would require a transcript.

The High Court refused Wiki's application for access to the transcript, finding that there was no good reason in the interests of justice for granting her access. The court held that the transcript was not necessary for Wiki's potential appeal to the Court of Appeal, given her low prospects of success and the absence of any significant issues raised during the appeal hearing. The court also noted that Wiki's earlier letter to the District Court suggested that her guilty plea was a considered one.