Western Australian Current Acts

CRIMINAL APPEALS ACT 2004 - SECT 14

14 .         Supreme Court’s powers on an appeal

        (1)         In deciding an appeal, the Supreme Court may do one or more of the following —

            (a)         dismiss the appeal;

            (b)         allow the appeal;

            (c)         set aside or vary the decision of the court of summary jurisdiction and sentence imposed, order made or thing done as a result of the decision;

            (d)         substitute a decision that should have been made by the court of summary jurisdiction;

            (e)         order the case to be dealt with again by the court of summary jurisdiction, with or without orders to that court —

                  (i)         as to how or by whom it is to be constituted;

                  (ii)         as to how it must deal with the case;

            (f)         make any order under the Magistrates Court Act 2004 section 36(6);

            (g)         if the appeal is against a decision to acquit an accused of a charge on account of mental impairment — exercise any power that the Court of Appeal may exercise under section 32;

            (ga)         if the appeal is against a decision or finding referred to in section 6(ea) or (ec) — exercise any power that the Court of Appeal may exercise under section 32A;

            (gb)         if the appeal is against an order, refusal or decision referred to in section 6(ed) or (ee) — exercise any power that the Court of Appeal may exercise under section 32B;

            (h)         make an order as to the costs of the appeal and the costs of the proceedings in the court of summary jurisdiction;

                  (i)         make any other order it thinks fit.

        (2)         Despite subsection (1)(b), even if a ground of appeal might be decided in favour of the appellant, the Supreme Court may dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.

        (3)         The Supreme Court is not required to set aside or vary a decision of a court of summary jurisdiction because the court omitted to make any necessary finding of fact if the facts or evidence —

            (a)         in substance support the decision; or

            (b)         justify the finding,

                and the Supreme Court, under subsection (1), may instead either vary the decision or substitute another decision for it.

        (4)         On an appeal against a conviction, the Supreme Court may vary a decision of a court of summary jurisdiction or substitute another decision for it if there is some excess which may, consistently with the merits of the case, be corrected.

        (5)         On an appeal against a sentence, the Supreme Court may have regard to any relevant matter that has occurred between when the offender was convicted and when the appeal was heard.

        [Section 14 amended: No. 10 of 2023 s. 303.]