The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

CRIMINAL PRACTICE RULES OrderIX 251
the court by the registrar for summary determination under section 6711-1
(2) of the Code shall be set down for hearing on the first day on which
the Full Court is appointed to sit after the registrar shall have received
the necessary documents relating to such appeal.
(b) Appeals referred to the court by the registrar for summary
determination under section 67 1~ (2) of the Code, and all applications
to the court preliminary to an appeal, shall be dealt with at such time
as the Chief Justice or, in his absence, the Senior Puisne Judge, shall
direct.
(c) The Court of Criminal Appeal shall sit during vacation at such
times as the Chief Justice or, in his absence, the Senior Puisne Judge,
shall direct.
SA. When any judgment is pronounced in any appeal or matter by
either the Court of Criminal Appeal or a single judge of the Court and
the opinion of any judge is reduced to writing, it shall be sufficient
to state orally the opinion of the judge without stating the reasons
therefor, and his written opinion shall be then published by delivering
the same to the registrar or associate in open Court.
esewalion of points of law. (a) A case stating questions of law
reserved under sections 66813 or [and] 668c of the Code upon the trial
of a person indicted for an indictable offence shall set forth such facts
only as are relevant to raise the questions of law reserved. If any question
turns upon the form of the pleadings, then so much of the pleadings must
be set out as raises the question.
(b) A case under section 668~ of the Code shall state whether
judgment on the conviction was pronounced and respited, or was postponed,
and whether the convicted person was committed to prison or
admitted to bail on recognizance to render himself in execution or receive
judgment .
(c) The original case shall be transmitted forthwith by the judge
by whom it is signed to the registrar at Brisbane, who shall set the case
down for hearing on the first day on which the Court of Criminal Appeal
is appointed to sit, and shall cause a copy of the case to be left at the
chambers of each of the judges appointed to sit in the Court of Criminal
Appeal, and shall deliver a copy thereof to the Crown Law Officer and
to the aIjpellant or his solicitor at least four days before such day.
(d) The judge by whom the case is stated may amend the same at
any time before argument.
(e) The person upon whose conviction a question of law has been
reserved under section 668~ of the Code shall, for the purpose of these
Rules, be deemed to be an appellant who has appealed under sub-section
(a) of section 668~ of the Code: Provided that in such case sub-section
(2) of section 671~ thereof shall not apply.
(f) The form of recognizance under which bail shall be granted
for the purpose of section 668~ of the Code shall be in the Form XIV,
of Part IX. of the Schedule hereto.
NOTICES
OF APPEAL
5. Notices of appeal to be si d by appellant and ad
registrar. (a) Every notice of appeal or notice of application for leave
to appeal or notice of application for extension of time within which