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

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CRIMINAL PRACTICE RULES BrderIX 259<br />

him with the original depositions of witnesses examined before the<br />

committing justice or coroner, or with any exhibit retained by such<br />

officer or other person, and with the indictment or indictments against<br />

the appellant, or with an abstract or copy thereof or any part thereof<br />

or with any plea made or filed in the court of trial, and such officer<br />

or other person shall forthwith furnish the same to the registrar.<br />

29. Notice of ap ~i~~~~~ for leave &@ ap eal. Where the Court of<br />

<strong>Criminal</strong> Appeal has, on a notice of application for leave to appeal duly<br />

served, and in the form provided under these Rules, given an appellant<br />

leave to appeal, it shall not be necessary for such appellant to give any<br />

notice of appeal, but the notice of application €or leave to appeal shall<br />

in such case be deemed to be a notice of appeal.<br />

peal, An appellant at any time after he has<br />

duly served notice of appeal or of application for leave to appeal, or of<br />

application for extension of time within which under the <strong>Code</strong> such<br />

notices shall be given, may abandon his appeal by giving notice of<br />

abandonment thereof in the Form VI., of Part IX. of the Schedule hereto<br />

to the registrar, and upon such notice being given the appeal shall be<br />

deemed to have been dismissed by the Court of <strong>Criminal</strong> Appeal.<br />

23. Notice of ~~~~~~a~~~~ for ~~~~~~~~~ of ti . An application<br />

to the Court of <strong>Criminal</strong> Appeal for an extension of time within<br />

which notices may be given, shall be in the Form kV. of Part IX. of the<br />

Schedule hereto. Every person making an application for such extension<br />

of time, shall send to the registrar together with the proper Form of such<br />

application, a Form, duly filled up, of notice of appeal, or of notice of<br />

application for leave to appeal, appropriate to the ground or grounds<br />

upon which he desires to question his conviction or sentence, as the case<br />

may be.<br />

PROCEEDINGS BEFORE JUDGE OR APPEAL COURT UNDER SECTION 6713;<br />

er ~~~~~~~~~~y a~~~~~~<br />

application for leave to appeal,<br />

or for extension of within which n5tice of appeal or notice of<br />

application €or leave to appeal shall be given under this chapter, in ihe<br />

Forms in the Schedule hereto, and the answers to the questions in Form<br />

111. of Part IX., of the Schedule hereto, which an appellant is by these<br />

Rules required to make, in reference to leave being granted to him to be<br />

present at the hearing of his appeal, shall be deemed to be applications to<br />

the Court of <strong>Criminal</strong> Appeal in such matters respectively.<br />

PPosednre where ju ge of Gdsnat of A pea% refuses s<br />

asgder section 678~. (b) <strong>The</strong> registrar when any application ment~oned<br />

in this Rule has been dealt with by such judge shall notify to the<br />

appellant the decision. In the event of such judge refusing all or any<br />

of such applications the registrar on notifying such refusal to the appellant<br />

shall forward to him Form VH. of Part HX. of the Schedule hereto,<br />

which Form the appellant is hereby required lo fill up and forthwith<br />

return to the registrar. If the appellant does not desire to have his said<br />

application or applications determined by the Court of <strong>Criminal</strong> Appeal<br />

as duly constituted for the hearing of appeals under the <strong>Code</strong>, or does<br />

not return within seven days, or within such further time as the court or

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