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

372 CRIMINAL PRACTICE RULES-FORMS
NO. 5.--CASE STATED BY JUSTICES.
(Justices Act, s, 226.)
In the Supreme Court of Queensland.
(Crown Side.)
(Title as in Form No. 1.)
Case stated by us, the undersigned E.P. and B.H., two of Her Majesty’s Justices
of the Peace (or J.K., Police Magistrate at &e., as the case may be), under
“The Justices Act of 1886.”
At a Court of Petty Sessions holden at on the
day of , a complaint preferred by C.D., hereinafter called the
respondent, against A.B., hereinafter called the appellant (or as the case may
be) under section of the Act (describe the Act or By-law) charging
that the appellant (&e. stating the oflence or cause of complaint) was heard and
determined by us, the said parties respectively being then present (or as the ease
may be), and upon such hearing the appellant was convieted before us of the
said offence, and we adjudged him (recite conviction) [or upon such hearing the
appellant was by us ordered to pay to the respondent the sum of $ I
(state the adjudication of the penalty, sum or imprisonment and costs &e., as in U
conviction: If the complaint was dismissed, state the order of dismissal).
The appellant being desirous of appealing to the Supreme Court of Queensland
from our decision, on theground that it is erroneous in point of law [or (and) is
in excess of jurisdiction], duly applied in writing to us to state and sign a case
setting forth the facts and the grounds of our decision for appeal thereon to the
Supreme Court of Queensland, an$ has duly entered into a recognizance as required
by the Statute in that behalf.
(If the case is stated in obedience to an order under s, 230, recite the refusal,
and the granting of the order thus: We, being of opinion that the application of
the appellant was merely frivolous, refused to state and sign such case, but the
Supreme Court has since ordered us to state such case).
Now, theref ore, we, the said Justices, in compliance with the said application
[or in obedience to the said order], and the provisions of the Statute, do hereby
state and sign the following case: (Here state the proceedings before the Justices
i.n numbered paragraphs, setting out the facts which the Justices find to have been
proved, and such objections, 40.) of either party as will raise the point intended
to be submitted, together with the grounds of decision).
The questions of law arising on the above case are:-
1. Whether we, the said Justices, exceeded our jurisdiction (or as the case
may be).
2. Whether &.
Whereupon the opinion of the Supreme Court is asked upon the said questions
o€ law, whether or not we, the said Justices, gave a correct decision, as above
stated, or, if not, what should be done or ordered by the said Court, or by us, in
the premises.
Given under Our hands at this day of
t;:; f Justices.
Court of petty sessions now Magistrates Court; see Justices Acts Amendmelit
Act of 1964, B. 2 (4).
NO. 6.--NOTICE OF APPEAL WITH COPY OF CASE STATED.
(Jutices Act, s. 226.)
In the Court of
Petty Sessions
at }
BBtween A.B., Complainant,
and C.D., Defendant.
Take notice that I the abovenamed complainjnt [or defendnnt] intend to appeal
to the Supreme Court of Queeiisland, at , against the decision of the Just,ices
in this case given on the jay of , , OIL the ground
that it is erroneous in point of law [or (and) is in excess of jurisdiction]. The
paper writing hereto annexed is a copy of the case stated and signed by the said
Justices, pursuant to the Statute, for the purpose of such appeal.
Dated &e.
A.B. [or X.Y., Solicitor for A.B.].
To C.D., the defendant.