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In Western Australia, the decision of the magistrate court exercising state jurisdiction is appealable to the Supreme Court.

However, the aggrieved party in a proceeding before the magistrate court may, on its own motion by application or through the initiative of the Supreme Court can file an appeal before the Court of Appeals.

The appeal is through a leave of court rather than a right under the law and will lie even if the accused pleaded guilty during a proceeding in the magistrate court but is not available or extend to a decision declared by some Act as final or non-appealable, or to decisions or order pertaining to committal for trial or sentence, or to any order issued in relation to the bail application of the accused.

Judges are mandated not to grant leave to file an appeal unless there is a reasonable ground for the party appealing to do so. Reasonable ground or reasonable prospect of appeal is treated in its ordinary meaning which must be accordingly mean that the ground for appeal has a rational prospect of succeeding and shall not be irrational or simply whimsical for the party to do so.

One can file an appeal against conviction on the following grounds: the magistrate court exercising summary jurisdiction made an error of law or fact, acted in excess of jurisdiction or there is a grave abuse of discretion, or there is a miscarriage of justice or imposed an excessive or inadequate sentence.

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Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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