A WA parliamentary question seeks data on wrongful convictions, compensation claims, and payments from 2001-2007. The Attorney General provides figures on Court of Appeal quashed convictions, compensation claims lodged, payments made, and amounts paid, noting data limitations and process time lags.

AnsweredQoN 2999Legislative Assembly
Asked
26 February 2008
Portfolio
Attorney General

QuestionView source ↗

(a) how many wrongful convictions have been recorded in Western Australia in each of the years from 2001 to 2007;
(b) how many claims for compensation for wrongful conviction have been lodged in each of the years from 2001 to 2007;
(c) how many compensation payments have been made in each of the years from 2001 to 2007 to people wrongfully convicted; and
(d) how much compensation has been paid in each of the years from 2001 to 2007 to people wrongfully convicted?

AnswerView source ↗

Answered
19 March 2008
Response time
22 days
(a)  Convictions may be quashed on appeal. Appeals against a decision of the District Court or Supreme Court are made to the Court of Appeal. An appeal against a decision of the Magistrate's Court is made to a judge sitting alone in the Supreme Court. Appeal cases heard by a judge sitting alone have not been included due to the need to undertake a manual search of files necessary to determine the appeal outcome.
The information provided below relates to the number of cases where the Court of Appeal has quashed the conviction and not ordered a retrial. In cases where the Court of Appeal quashes the conviction and orders a retrial the accused may be convicted again, or found not guilty, or the trial may not go ahead as a result of death of the accused or the prosecution withdrawing the charges. These options have not been considered.
2001 2
2002 1
2003 3
2004 3
2005 6
2006 1
2007 4
(b) 2001 3
2002 1
2003 1
2004 1
2005 2
2006 0
2007 5
(c) 2001 0
2002 0
2003 1
2004 0
2005 0
2006 0
2007 2
(d) 2001 0
2002 0
2003 $460,000
2004 0
2005 0
2006 0
2007 $363,017
Note: The figures presented for each year cannot be compared because they represent different phases of the appeal and compensation process and there may be significant lapse of time between one phase and another.
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