Court of Appeal (WA)|2018-12-07|Before: Buss P, Beech JA, Pritchard JA

For the reasons we have given, in our opinion, there is no merit in either ground of appeal. That being so, the application for an extension of time to appeal should be refused.
We would make the following orders:
1. The application for an extension of time to appeal is refused.
2. Leave to appeal on grounds 1 and 2 is refused.
3. The appeal is dismissed.

I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.

RESEARCH ASSOCIATE/ORDERLY TO THE HONOURABLE JUSTICE BEECH

[1] At the hearing of the appeal, counsel informed the court that the charge in the Magistrates Court had ultimately been discontinued: appeal ts 2.

[27] Appellant's submissions [58], [61].

[29] Appellant's submissions [55], [65]; appeal ts 3, 6 - 7.

[30] Rowsell v The State of Western Australia [2015] WASCA 2 [51].

[38] ts 8, 9, italicised at [22] above.

[39] See, for example, The State of Western Australia v Wilson [2015] WASCA 119 [26].

[41] Appellant's submissions [46]; appeal ts 8.

[42] Appellant's submissions [46]; appeal ts 7 - 8.

[43] Kirkup v The State of Western Australia [2018] WASCA 102.

[44] The State of Western Australia v Baldini [2015] WASCA 39; (2015) 249 A Crim R 198.

[45] Wadeson v The State of Western Australia [2018] WASCA 171.

[46] The State of Western Australia v Wilson [25].

[47] The State of Western Australia v Wilson [26].

[48] The State of Western Australia v Higgins [2008] WASCA 157; (2008) 200 A Crim R 302 [111] - [121]; Tirkot v The State of Western Australia [2018] WASCA 41 [73].

[49] Misuse of Drugs Act 1981 (WA), s 34(1)(a), as at the time of the offending.

[51] Tirkot [61] and the cases there referred to in footnote 45.

[52] See, for example, Franklin v The State of Western Australia [2017] WASCA 102 [35].

[53] Merai v The State of Western Australia [2018] WASCA 54 [56].

MRSA -v- THE STATE OF WESTERN AUSTRALIA [2018] WASCA 217 (7 December 2018)

Franklin v The State of Western Australia [2017] WASCA 102

Kirkup v The State of Western Australia [2018] WASCA 102

Merais v The State of Western Australia [2018] WASCA 54

Rowsell v The State of Western Australia [2015] WASCA 2

The State of Western Australia v Baldini [2015] WASCA 39

The State of Western Australia v Higgins [2008] WASCA 157

The State of Western Australia v Wilson [2015] WASCA 119

Tirkot v The State of Western Australia [2018] WASCA 41

Wadeson v The State of Western Australia [2018] WASCA 171

Franklin v The State of Western Australia