7. Court of Appeal
Supreme Court of Western Australia
Consolidated Practice Direction
7.3
Court of Appeal Mediation Programme (refer to
PD 4.2.1 par 37)
___________________________________________________________
Refer to Practice Direction 4.2.1, par 37.
7. Court of Appeal
Supreme Court of Western Australia
Consolidated Practice Direction
7.4
Review of Evidence in Appeals
___________________________________________________________
1.
This Practice Direction applies to civil and criminal appeals in which the
Court of Appeal is required to undertake a review of the evidence,
namely:
(1) civil appeals in which the appellant challenges
a finding of fact
made by the primary court;
(2) criminal appeals in which the appellant seeks to set aside a
conviction under s 30(3)(a) of the
Criminal Appeals Act 2004
on the
ground that, having regard to the evidence, the verdict is
unreasonable or cannot be supported;
(3) criminal appeals in which the appellant seeks to set aside a
conviction under s 30(3)(c) of the
Criminal Appeals Act 2004
on the
ground that there was a miscarriage of justice.
(4) criminal appeals in which the State or Crown raises the application
of the proviso in s 30(4) of the
Criminal Appeals Act 2004
.
2.
Where 1(1) applies:
(a) the appellant must file and serve a schedule
in tabular form that
contains:
(i) each finding of fact made by the primary court that is
challenged (together with a reference to the paragraph number
of the reasons for decision of the primary court);
(ii) a summary of each piece of the evidence before the primary
court that supports the finding and the source of that evidence;
and
(iii) a summary of each piece of the evidence before the primary
court that is against the finding and the source of that evidence.
(b) the respondent must file and serve a responsive schedule in tabular
form that contains, for each finding of fact challenged by the
appellant:
7. Court of Appeal
PD 7.4
Supreme Court of Western Australia
Consolidated Practice Direction
(i) any comments on the evidence in the appellant's schedule
(including whether the respondent
agrees that all relevant
evidence has been identified by the appellant); and
(ii) a summary of any relevant evidence
before the primary court
not referred to by the appellant and the source of that evidence.
3.
Subject to 4 below, where 1(2) applies:
(a) the appellant must file and serve a schedule in tabular form that
contains a summary of each piece of the evidence before the
primary court that:
(i) supports the verdict and the source of that evidence; and
(ii) supports the contention that the verdict is unreasonable or
cannot be supported by the evidence
and the source of that
evidence;
(b) the respondent must file and serve a responsive schedule in tabular
form
that contains:
(i) any comments on the evidence in the appellant's schedule
(including whether the respondent agrees that all relevant
evidence has been identified by the appellant); and
(ii) a summary of any relevant evidence before the primary court
not referred to by the appellant and the source of that evidence.
4.
Where a ground of appeal is confined to a specific issue or specific
issues, the schedule and responsive schedule must address only that
portion of the evidence relevant to that issue or each of those issues.
5.
Subject to 6 below, where 1(3) applies:
(a) the appellant must file and serve a schedule in tabular form that
contains:
7. Court of Appeal
PD 7.4
Supreme Court of Western Australia
Consolidated Practice Direction
(ii) a summary of any relevant evidence before the primary court
not referred to by the respondent and the source of that
evidence.
8.
The schedule and responsive schedule must each include a certificate,
signed by the person who prepared it, certifying that it complies with
this Practice Direction. The person must also type or legibly print his or
her name.
9.
Paragraph 1(1) of this Practice Direction applies, with any necessary
changes, to:
(a) a cross-appeal; and
(b) a notice of contention in which it is contended that the decision of
the primary court should be upheld on a finding of fact not made
by the primary court.
10.
In this Practice Direction, a reference to the source of evidence is a
reference to the relevant page or pages of the transcript of the
proceedings before the primary court, the number of the relevant
exhibit, or the relevant document.
7. Court of Appeal
Supreme Court of Western Australia
Consolidated Practice Direction
7.5
Confidentiality of Pre-Sentence and other Reports
relevant to Sentence (refer to PD 5.6)
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