Western Australian Current Acts Western Australian Current Acts (1) A petition for the
exercise of the Royal Prerogative of Mercy in relation to an offender
convicted on indictment, or to the sentence imposed on such an offender, may
be referred by the Attorney General to the Court of Appeal either —
(a) for
the whole case to be heard and determined as if it were an appeal by the
offender against the conviction or against the sentence (as the case may be);
or
(b) for
an opinion on any specific matter relevant to determining the petition.
(1a) When making a
referral under subsection (1)(a) the Attorney General, having regard to the
petition, may specify the grounds of appeal to be heard and determined by the
Court of Appeal.
(2) The Court of
Appeal must give effect to the referral.
[Section 140 amended: No. 45 of 2004 s. 37; No. 84
of 2004 s. 63.]