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Appeals WA

In Western Australia, An appeal can be made to a higher court, by any person convicted or sentenced by a lower court, except in criminal appeals originating from Court of Petty Sessions.

Under these circumstances, the case is elevated to the single judge of the Supreme Court and then later to the Full Court.

You will need to show that there has been an error of law if appealing, except where the appeal is between local court and the district court.

If a person is not satisfied with a decision handed down by the court of summary jurisdiction, they can appeal the decision to the Supreme Court. Even though Court of Petty Session cases is criminal, they fall within the civil jurisdiction of the Supreme Court, so they are not heard by the Court of Criminal Appeal. The Supreme Court only sits as the Court of Criminal Appeal for appeals from decisions made by District and Supreme Courts.

Under section 8 of the Criminal Appeals Act 2004, an appeal may be made under this Division on one or more of these grounds
that the court of summary jurisdiction

  • made an error of law or fact, or of both law and fact;
  • acted without or more than jurisdiction;
  • imposed a sentence that was inadequate or excessive;
  • That there has been a miscarriage of justice.

Under section 8 of the Criminal Appeals Act 2004, the following decisions of a court of summary jurisdiction cannot be the subject of an appeal—

  • A decision that is declared by an Act to be final or not appealable;
  • a decision to commit or not to commit an accused for trial or sentence;
  • A decision as to bail.

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