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

VICTOILIA &C.
CRIMINAL PRACTICE RULES-FORMS 341
NO. 3.-WRIT OF ERROR TO INFERIOR COURT.
To 0. W. P. Esquire, Judge of the District Court, holden at T. (or cs the case
may be):
Greeting :
Whereas it hath been represented to TJs in Our Supreme Court of Queensland
that there is manifest error in the record and proceedings, and also in the giving
of judgment, on a certain iadietment presented against AB. at the District, ‘Court
holden at T. on day the day of before you for certain crimes
[or misdemeanours] whereof the said A.B. was accused before the said Court and
was thereupon convicted by a jury [or on his own confession]: We, being willing
that the said error, if any there be, should in due manner be corrected, and full
and speedy justice done to the said A.B. in this behalf, hereby command you that
you do send to Us forthwith in Our Supreme Court of Queensland at Brisbane,
under your hand and seal, the record and proceedings aforesaid, with all things
touching the same, together with this writ, so that, the record and proceedings
aforesaid bemg examined, We may cause further tQ be done thereupon for correcting
that error what of right and according to the law Jdf Our colony of Queensland
ought to be done.
ViTitncss (&e. as in case of a Lorit of szlmmonsj.
Let this writ issue.
A.R.,
Attorney General.
NO. 4.-RETURN TO WRIT OF ERROR.
Indorse the ‘writ thus:
The execution of this Writ appears by the Schedule hereunto annexed.
The answer of G.W.P., Esquire, the Judge of the District Court withinmentioned.
(To be signed and sealed by the Judge.)
THE SCHEDULE.
(Copy of the record of the proceedings in the District Court, made up as directed
tn Form No. 2, under the hand of the Regwtrar and Seal of the District Court.)
NO. 5.-NOTICE 03’ FILrNG RECORD.
In the Supreme Court of Queensland.
The Queen [on thB prosecution of ZY.]
against
A.B.
Take notice that a Record of the proceedings in this cause has been drawn
up and filed in pursuance of the Memorandum of Appeal in Error filed on &c.
[or has been filed in this Court in pursuance of the Writ of Error issued on &e.]
Dated &e. B.S. Registrar.
To AB. and to W.X., his solicitor.
NO. B.--BTATEMENT OF ERRORS,.
(Title, $c. as in preceding Form.)
The day of ,19 *
The abovenamed A.B. in his own proper person [or by W.X., hiq solieitor,]
says that in the record and proceeding4 in this cause, and also in thg giving of
judgment against the said A.B. herein, there is manifest error in this, to wit:
(1) That (here set out the first alleged error).
(2) That (set out the second alleged error, and so on, specifying all the
assignments of error; and lastly, as general assignments, may be added
as follows):
(3) That the indictment [or information] and proceedings therein are not
sufficient in law to warrant the said judgment so given against the
said A.B.
(4) That the judgment aforesaid is given for Our Lady the Queen: Whereas
the said judgment by the law of this Colony ought to have been given
against our said Lady the Queen and for the said A.B.
Whereupon the said A.B. prays that the judgment aforesaid, for the said errors
and other errors appearing in thd record and proceedings aforesaid, may be
reversed and annulled, and that he may b9 restored to all things which by reason
of the judgment and proceedings aforesaid he has lost.
A.B.
[or W.X.. solicitor for AB.]