Wrongful convictions and Appeals
Being convicted of a crime that you did not commit has devastating consequences, especially when it results in incarceration.
You may think wrongful convictions only happen in other countries. You would be wrong. The names Andrew Mallard, John Button, Darryl Beamish and Scott Austic may not be as familiar as Rubin Hurricane Carter, but they are all locals who have suffered an injustice in the State of Western Australia.
The case of Scott Austic
Scott Austic was wrongfully jailed for the murder of his pregnant girlfriend in 2007. Mr Austic was originally sentenced to 25 years in prison for her murder and lost an initial appeal, before also failing in his petition to the then-attorney-general Michael Mischin to exercise the royal prerogative of mercy and allow another appeal.
After a 7-year fight, Dr Clint Hampson successfully petitioned Attorney General John Quigley who referred the matter back to the court of appeal. The Court of Appeal set aside Mr Austic’s conviction in 2020 and ordered a new trial, after it found that “credible, cogent and plausible evidence” that was crucial evidence against Mr Austic, had been planted. This evidence was discovered by Dr Hampson. In 2021, Mr Austic was acquitted at his retrial and given an ex-gratia payment of $1.6million by the State government.
Seeking an Appeal
If a person has been wrongfully convicted of a crime in the Magistrates Court, they are entitled to seek to leave to appeal this conviction to the Supreme Court of Western Australia. If a person has been wrongfully convicted of a crime in the District Court or Supreme Court, they are can appeal to the Court of Appeal. Historically a person only had one opportunity at an appeal. Recent changes to the law means that every person has a second or subsequent right to appeal if they can satisfy the court that fresh, new and compelling evidence exists.
Learn more about the Scott Austic case
You can read the ABC News article on the case here. The case was also covered on Season 27 Episodes 4 & 5 of Australian Story - Trials and Tribulations. Watch part one and two below.
Do you need help with an appeal?
Every person has the right to appeal their conviction or sentence. If you would like Dr Hampson to review your matter and assess the merits of an appeal, please get in touch.
