1 Name of Rules and interpretation
These rules shall be called the Criminal Appeal Rules, and unless the context or subject-matter otherwise requires or indicates:appellant includes an applicant for leave to appeal, and a person who gives notice of intention to appeal or to apply for leave to appeal.The Act means the Criminal Appeal Act 1912.Proper Officer of the Court of Trial means the officer who has the custody of the records of the Court of Trial.Registrar includes any persons for the time being performing the duties of the Registrar.Shorthand-writer means the person appointed as such for the purposes of the Act.Exhibits includes all books, papers and documents, and all other things used in evidence at the trial of an appellant, and includes any written statement handed in to the Judge of the Court of Trial by the appellant.Examiner means the Judge, Officer of the Court, Justice, or other person appointed by the Court under section 12 (b) of the Act.rule 1: Am 24.5.2002.
Forms
2 Forms
(1) The forms set out in the Schedule to these Rules, with such alterations as circumstances require, shall be used in all cases where such forms are applicable; but any variance therefrom not being in matter of substance, shall not affect the validity of the proceedings.(2) Without limiting subrule (1), if a form provides for the insertion of the title of the proceedings, the title is to be in the following format:(Name of appellant) v. (Name of respondent)(3) For the purposes of subrule (2), if the appellant or respondent is the Crown the matter “R.” is to be inserted as the name of the appellant or respondent (as the case may be) in the title of the proceedings.(4) In this clause, a reference to the Crown includes a reference to the Crown in right of the Commonwealth.rule 2: Am 2006 (136), Sch 1 [1].
Electronic case management
2A Definitions
rule 2A, hdg before: Ins 2005 (689), Sch 1 [1].(1) In this Part:ECM system means an electronic case management system established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000.registered user means a person who is registered as a user of the ECM system under rule 2B.(2) In this Part, a reference to filing a document in the Court includes a reference to any other method of sending a document to the Court.rule 2A: Ins 2005 (689), Sch 1 [1]. Am 2010 (599), rule 3 (1).
2B Registration of users
(1) The Registrar of the Court may register any person as a user of the ECM system in relation to the Court, either generally or for particular proceedings, and may specify the level of access to which the person is entitled, and the conditions of use applicable to the person, as a registered user of the system.(2) Subject to any order of the court, a person may not be registered as a user of the ECM system for particular proceedings unless the person is:(a) a party to the proceedings, or(b) a legal practitioner representing a party to the proceedings, or(c) a person authorised to use the ECM system in relation to the proceedings by a legal practitioner representing a party to the proceedings.(3) The Chief Justice may establish a protocol for the registration of persons as users of the ECM system, either generally or for particular proceedings.(4) Such a protocol may provide for the automatic registration of particular classes of persons as users of the ECM system, and for the automatic specification of the level of access to which persons of such a class are entitled and the conditions of use applicable to persons of such a class as registered users of the system.(5) In relation to any proceedings before the Court, the level of access to the ECM system to which a registered user is entitled, and the conditions of use applicable to a registered user, are subject to any order of the Court.rule 2B: Ins 2005 (689), Sch 1 [1].
2C Electronic filing of documents
(1) This rule applies to the following documents:(a) a notice of intention to appeal,(b) a notice of appeal,(c) a notice of application for leave to appeal,(d) a notice of application for extension of time to appeal,(e) a notice of application for extension of time to file notice of application for leave to appeal,(f) a written submission,(g) a notice of abandonment,(h) any other notice.(2) In any proceedings, a document referred to in subrule (1) may be filed in the Court on behalf of a party, by means of the ECM system, by any registered user for the proceedings who is:(a) the party’s solicitor or authorised agent, or(b) a person who has been directed to file the document by the party’s solicitor or authorised agent.(3) When filed by means of the ECM system, a document that is required to be signed by a person is taken:(a) to have been duly signed for the purposes of rule 5, andif the person’s name is printed where his or her signature would otherwise appear.(b) to have been duly authenticated for the purposes of clause 5 of Schedule 1 to the Electronic Transactions Act 2000,(4) A document that is filed by means of the ECM system is to be given initial acceptance as soon as it is received by the Court, and is to be given final acceptance as soon as it is validated by the Court.(5) Without limiting any other ground on which it may be refused, validation is to be refused if any fee payable with respect to the filing of a document is not received by the Court within 24 hours after the document’s initial acceptance.(6) A document that is filed by means of the ECM system is taken to have been filed when it is given final acceptance and, when given final acceptance, is taken to have been filed at the time it was given initial acceptance.(7) Notice of the initial and final acceptance of a document, and of the dates of those acceptances, is to be given, by means of the ECM system, to the registered user by whom the document was filed.(8) The date and time at which initial or final acceptance was given must be set out in the notice referred to in subrule (7).rule 2C: Ins 2005 (689), Sch 1 [1]. Am 2010 (599), rule 3 (2).
2D Written record to be kept of direction to e-file document
(1) A person who directs that a document be filed as referred to in rule 2C (2) (b) must make a written record of the fact that he or she has given such a direction.(2) If the person by whom the direction was given is a legal practitioner, the legal practitioner is taken:(a) to have affirmed to the Court that he or she has given the direction, and(b) to have undertaken to the Court that, if the Court so directs, he or she will produce to the Court the written record referred to in subrule (1).(3) A written direction for the purposes of rule 2C (2) (b) is taken to be a written record for the purposes of this rule.rules 2D–2F: Ins 2005 (689), Sch 1 [1].
2E Electronic issuing of a document
(1) The Court may, by means of the ECM system, issue a document to any party who is a registered user for the proceedings.(2) The date and time at which the document was issued must be set out in the document.rules 2D–2F: Ins 2005 (689), Sch 1 [1].
2F Electronic service of a document
A party to any proceedings before the Court may use electronic mail to serve a document on any other party to the proceedings, whether by means of the ECM system or otherwise, but only with the consent of the other party.rules 2D–2F: Ins 2005 (689), Sch 1 [1].
2G Use of ECM system in business conducted in the absence of the public
(1) Any business that may, by law, be conducted in the absence of the public may be conducted by electronic communication sent and received by means of the ECM system, as provided by clause 9 of Schedule 1 to the Electronic Transactions Act 2000.(2) A legal practitioner who is a registered user for any proceedings may participate in any such business:(a) directly (the legal practitioner sends a communication in his or her own name), or(b) indirectly (someone authorised by the legal practitioner sends a communication in the legal practitioner’s name).(3) A legal practitioner who authorises someone else to send a communication, as referred to in subrule (2) (b), is taken to have affirmed to the Court that he or she has actual knowledge of the contents of the communication.rule 2G: Ins 2005 (689), Sch 1 [1]. Am 2010 (599), rule 3 (3).
Notices relating to appeals
3 Notices to be signed
rule 3, hdg before: Subst 24.5.2002.(1) Subject to subrules (2) and (3), all notices with respect to an appeal or proposed appeal are to be signed by the appellant or the appellant’s solicitor or counsel on the appellant’s behalf.(2) A notice of abandonment of appeal is to be signed by the appellant.(3) If the appellant is unable to write, the appellant may affix his or her mark to the notice in the presence of a witness who is to attest by his or her signature that the mark is that of the appellant.rule 3: Subst 24.5.2002.
3A Duration of notices of intention
(1) The following notices have effect for 6 months after the day of filing of the notice:(a) a notice of intention to appeal,(b) a notice of intention to apply for leave to appeal.(2) The Court may extend the period for which such a notice has effect, before or after the expiry of the period.rules 3A–3C: Ins 24.5.2002.
3B Time for filing notice of appeal or notice of application for leave to appeal
(1) A notice of appeal, or a notice of application for leave to appeal, in respect of a conviction or sentence may only be given:(a) if a notice of intention to appeal or notice of intention to apply for leave to appeal has been given with respect to the conviction or sentence—within the period during which that notice of intention has effect, or(b) if a notice of intention to appeal or a notice of intention to apply for leave to appeal has not been given with respect to the conviction or sentence—within the period of 3 months after the conviction or sentence.(2) The period of 3 months referred to in subrule (1) (b) may be extended by the Court before or after the expiry of the period.rules 3A–3C: Ins 24.5.2002.
3C Registrar may exercise certain powers of Court
The power of the Court under section 10 (1) (b) of the Act or rule 3A or 3B to extend a period of time may be exercised by the Registrar.rules 3A–3C: Ins 24.5.2002.
4 Exclusion of certain matters as grounds for appeal etc
No direction, omission to direct, or decision as to the admission or rejection of evidence, given by the Judge presiding at the trial, shall, without the leave of the Court, be allowed as a ground for appeal or an application for leave to appeal unless objection was taken at the trial to the direction, omission, or decision by the party appealing or applying for leave to appeal.
5 Signing of notices by solicitor or agent
(1) Any notice may be signed on behalf of the person giving the same by his solicitor or authorised agent:(1) Where such person is unable to sign such notice in consequence of illness or other sufficient cause,(2) Where the sanity of the appellant is in question, and(3) When such person is a corporation.(2) For the purposes of rule 3 and this rule, a notice is to be taken to have been signed by a solicitor (being a solicitor corporation) if:(a) it has the corporation’s seal affixed to it, or(b) it is signed by a director of the corporation or by an officer or employee of the corporation who is a solicitor.rule 5: Am 20.9.1991.
Appeals under section 5AA of the Act
5A Appeals under section 5AA of the Act
On an appeal under section 5AA (1) of the Act (which section relates to cases dealt with by the Supreme Court in its summary jurisdiction), or under section 5AA (1) as applied by sections 5AB, 5AC or 5AD of the Act, an appellant who has been sentenced to penal servitude or imprisonment shall, subject to the Bail Act 2013, be detained in custody or ordered into any former custody until the appeal has been determined.rule 5A: Ins 26.10.1979. Am 15.3.1991; 2014 (500), rule 3 (1).
Appeals etc under sec 5F (3) of the Act
5B Appeals etc under sec 5F (3) of the Act
Any party to whom section 5F (3) of the Act applies (which section relates to appeals against interlocutory judgments or orders) desiring to appeal to the Court, or to obtain the leave of the Court to appeal from any interlocutory judgment or order, shall give notice of appeal or notice of application for leave to appeal within 14 days of the date of the judgment or order or within such extended time as may in any case be allowed by the Court.rule 5B: Ins 18.12.1987. Am 16.8.1991.
Shorthand-writers and transcript of notes
6 Matters to be included in shorthand notes
(1) Shorthand notes taken under section 21 of the Act are to be taken of the following matters:(a) the oral evidence,(b) any objections taken,(c) any directions asked for during the trial,(d) any points of law raised during the trial,(e) any rulings, orders or judgments in the proceedings,(f) any statement made by the accused,(g) the opening and closing addresses by counsel to the jury,(h) the summing up,(i) the proceedings following conviction,(j) the remarks on sentence.(2) The notes may be taken by writing or by audio or audio visual recording.rule 6: Subst 24.5.2002.
7 Notes to be signed by Shorthand-writer
The Shorthand-writer shall sign the shorthand notes taken by him, and shall retain such notes unless otherwise directed by the proper officer of the Court of Trial.rule 7: Am 24.5.2002.
8 Transcripts
A transcript of the shorthand notes may be made by any person authorised by the proper officer of the Court of Trial, and every transcript of any shorthand notes supplied to the proper officer of the Court of Trial or any person shall be certified as correct by the person making the same.rule 8: Am 24.5.2002.
8A Copy of summing up and remarks on sentence
(1) Subject to subrules (3) and (4), access to a copy of the summing up, the remarks on sentence or any judgment is not to be allowed to the proper officer of the Court of Trial, the Registrar, any Judge of the Court, or any party, until it has been submitted to the Judge of the Court of Trial and copied in accordance with his or her revision.(2) Upon the proper officer of the Court of Trial notifying the Reporting Services Branch of the Attorney General’s Department that notice of intention to appeal, notice of intention to apply for leave to appeal, notice of appeal or notice of application for leave to appeal has been sent to the Registrar in relation to any proceedings, the Reporting Services Branch is to furnish to the proper officer, when available, a copy of the summing up, the remarks on sentence and any judgment, being a copy that has been submitted to and corrected by the Judge of the Court of Trial.(3) If a corrected copy of the summing up, the remarks on sentence or any judgment has not been received by the Reporting Services Branch within 3 weeks, or such other period as the Registrar of the Court of Criminal Appeal may fix, from the date when a copy of the unrevised transcript of it was made available to the Judge of the Court of Trial, the Reporting Services Branch is, on the expiration of the period, to furnish to the proper officer of the Court of Trial a copy of the unrevised transcript.(4) The Court or a Judge of the Court may, for special cause, order that access be allowed to an uncorrected copy of the summing up, remarks on sentence or judgment.rule 8A: Ins 23.3.1956. Subst 20.2.1998; 23.2.2001; 24.5.2002.
9 (Repealed)
rule 9: Rep 24.5.2002.
Certificate of Judge of Court of Trial
10 Certificate of trial Judge
A certificate of the Judge of the Court of Trial under section 5 (1) (b) of the Act shall be in Form No I, and may be given by such Judge without any application being made by the person convicted.rule 10: Am 18.12.1987.
11 (Repealed)
rule 11: Rep 18.12.1987.
11A Form of certificate
A certificate of the Judge of the Court of Trial under section 5F (3) (b) of the Act shall be in Form 1A and may be given by such Judge without any application being made by the party to which that subsection applies.rule 11A: Ins 18.12.1987.
12 Custody etc of exhibits
The Judge of the Court of Trial may make any order he thinks fit for the custody, disposal, or production of any exhibits in the case, as long as those exhibits remain available to the Court of Criminal Appeal for the determination of any appeal or application for leave to appeal arising from the case.rule 12: Am 24.5.2002.
Appeals where sentence directs payment of fine
13 Debtor in custody deemed a person sentenced
Where a person who on his conviction has been ordered to pay money as a penalty or for costs, and in default of payment to imprisonment, remains in custody in default of payment, he shall be deemed to be a person sentenced to imprisonment.rule 13: Am 26.10.1979.
14 Refund of penalty or costs paid
Where a person ordered to pay money as a penalty or for costs has paid the money and is successful in an appeal under the Act, he shall be entitled to a return of the amount paid by him unless the Court otherwise orders.rule 14: Am 26.10.1979.
15 Suspension of penalty or costs pending appeal
Where a person is ordered to pay money as a penalty or for costs, the Judge of the Court of Trial may suspend the payment thereof upon such person entering into recognisances (Forms Nos XX and XXI) to prosecute an appeal and abide the judgment of the Court thereon, before such persons, in such amount and with or without sureties, or upon any other terms and conditions that such Judge directs.rule 15: Am 6.7.1979; 26.10.1979.
15A Appellant to be notified of terms or conditions
The proper officer of the Court of Trial shall notify the appellant of the terms or conditions directed by the Judge of the Court of Trial.rule 15A: Ins 6.7.1979.
16 Recognisances to be forwarded to Registrar
Any recognisances so entered into by the appellant and sureties shall be forwarded by the proper officer of the Court of Trial to the Registrar, and if the appeal is not duly prosecuted the Registrar shall report the matter to the Court, and the Court may thereupon make such order as may be required.
Orders of restitution and persons affected thereby
17 Orders of restitution and persons affected thereby
Where, upon any trial, an order for the restitution of any property, or an order affecting any property, has been made by the Judge of the Court of Trial, the person in whose favour, and the person against whom such order has been made, and, by leave of the Court, any person interested, shall be entitled to be heard before any order confirming, annulling, or varying such order is made by the Court.
Orders for safe custody of property
18 Orders for safe custody of property
The Judge of the Court of Trial may make such orders as he thinks proper:(1) for the safe custody of any property, and(2) for the production on the hearing of an appeal of any property, or of any sample portion or facsimile representation thereof.
Certificates of conviction
19 Certificates of conviction
rule 19, hdg before: Am 2007 (445), Sch 1 [1].(1) A certificate of conviction issued by a Court of Trial must include a note:(a) to the effect that an appeal against the conviction may be made within 3 months after the conviction or within such extended time as the Court may allow, or(b) if an appeal or notice of intention to appeal against the conviction has been filed, to the effect that such an appeal or notice of intention has been filed.(2) Failure to include such a note in a certificate of conviction does not invalidate the certificate.(3) This rule does not apply to a conviction that has been quashed.rule 19: Am 16.8.1991. Subst 24.5.2002; 2006 (404), Sch 1.
Notes and report of Judge of Court of Trial
20 Notes and report of Judge of Court of Trial
(1) Where:(a) any notice of appeal or notice of application for leave to appeal is given,the Judge of the Court of Trial may, and if requested to do so by the Chief Justice shall, furnish to the Registrar his notes of the trial and a report giving the Judge’s opinion upon the case or any point arising in the case.(b) the Minister administering section 474C (1) of the Crimes Act 1900:(i) refers to the Court any case, or(ii) requests the Court to give an opinion on any point arising in a case,(2) A transcript of evidence made by or on behalf of the Reporting Services Branch may be furnished in lieu of the Judge’s notes.rule 20: Subst 29.6.1984; 22.3.1996. Am 24.5.2002.
21 Registrar to furnish copy of notice of appeal etc to Judge of Court of Trial
Where:(a) any notice of appeal or of application for leave to appeal or of application for extension of time is given, orthe Registrar shall furnish to the Judge of the Court of Trial a copy of the notice, reference or request and such other documents or information as the Judge may require.(b) the Minister administering section 474C (1) of the Crimes Act 1900:(i) refers to the Court any case, or(ii) requests the Court to give an opinion on any point arising in a case,rule 21: Subst 29.6.1984; 22.3.1996.
22 Copies of Judge’s report to be given to certain persons
Where the Registrar receives a Judge’s report, the Registrar shall furnish a copy of it to the Director of Public Prosecutions or the Attorney General, as may be appropriate, and to the appellant or his legal representative and, shall, if so directed by the Court or a Judge, furnish a copy of, or part of a copy of, it to any other person interested.rule 22: Subst 29.6.1984. Am 15.3.1991.
Notice of appeal
23 Notice of intention to appeal against conviction or sentence
A person who intends to appeal to the Court against his or her conviction or sentence is to send the Registrar a notice of intention to appeal or notice of intention to apply for leave to appeal (Form IVA) together with, where appropriate, a notice of application for extension of time to give the notice (Form VE).rule 23: Am 18.12.1987. Subst 24.5.2002.
23A Notice of appeal against conviction or sentence
A person who seeks to appeal against his or her conviction or sentence is to send to the Registrar a notice of appeal or a notice of application for leave to appeal (Form IV) together with, where appropriate, a notice of application for extension of time to give the notice (Form V).rules 23A–23E: Ins 24.5.2002.
23B Notice of appeal against interlocutory judgment or order
A person who seeks to appeal to the Court under section 5F (3) of the Act is to send to the Registrar a notice of appeal (Form VC) together with, where appropriate, a notice of application for extension of time (Form VD).rules 23A–23E: Ins 24.5.2002.
23C Documents to accompany notice of appeal or notice of application for leave to appeal
A notice of appeal against conviction, or a notice of application for leave to appeal against sentence, may not be filed, except with the leave of the Court or the Registrar, unless it is accompanied by the following:(a) a statement of the grounds for appeal,(b) written submissions in support of the appeal,(c) a certificate by or on behalf of the appellant that the following are available from the proper officer of the Court of Trial:(i) the transcript of the proceedings in the Court of Trial (including the transcript of the summing-up to the jury in the case of an appeal against conviction, and the transcript of the remarks on sentence in the case of an appeal against sentence),(ii) the exhibits in the Court of Trial,(d) a statement nominating the solicitor and counsel acting for the appellant.rules 23A–23E: Ins 24.5.2002.
23D Effect of incomplete notice of appeal or leave to appeal
A notice of appeal against conviction, or a notice of application for leave to appeal against sentence, that is not accompanied by all the documents listed in rule 23C has effect as a notice of intention to appeal, or a notice of intention to apply for leave to appeal, as the case may be.rules 23A–23E: Ins 24.5.2002.
23E Notice of Crown appeal
(1) Notice of an appeal under section 5C, 5D, 5DA, 5DB or 5F (2) of the Act is to be sent to the Registrar by the appellant.(2) The appellant is to serve a copy of the notice referred to in subrule (1) on the respondent as soon as practicable after sending the notice to the Registrar.rules 23A–23E: Ins 24.5.2002.
24 Requirement to complete form of notice of appeal etc
(1) Every person sending the following notices is to answer the questions and comply with the requirements set out in the relevant forms for the notices:(a) notice of intention to appeal,(b) notice of intention to apply for leave to appeal,(c) notice of appeal,(d) notice of application for leave to appeal,(e) notice of an appeal under section 5F (3) of the Act.(2) The answers to the questions in such forms are taken to be applications to the Court in respect of the matters referred to in the forms.rule 24: Subst 24.5.2002.
24A Registrar to forward copy of notices
Within 3 days after receiving a notice under rule 23, 23A or 23B, the Registrar is to send a copy of the notice to the proper officer of the Court of Trial and to the respondent.rule 24A: Ins 24.5.2002.
24B Proper officer of Court of Trial to obtain shorthand notes and exhibits
On receiving a copy of a notice referred to in rule 23, 23A or 23B, the proper officer of the Court of Trial is to obtain a copy of the shorthand notes of the proceedings and of the exhibits and other documents from the proceedings and, on request, supply a copy of the shorthand notes, exhibits and other documents to the appellant.rule 24B: Ins 24.5.2002.
Documents to be furnished to Registrar
25 Documents to be furnished to Registrar
If:(a) the Registrar receives in relation to a conviction or sentence any notice of appeal, notice of application for leave to appeal or notice of application for extension of time to lodge such a notice, orat the request of the Registrar:(b) the Minister administering section 474C (1) of the Crimes Act 1900:(i) refers to the Court any case, or(ii) requests the Court to give an opinion on any point arising in a case,(c) the Director of Public Prosecutions is to forward to the Registrar particulars of the trial and conviction (Form No II), and(d) the proper officer of the Court of Trial is to forward the following to the Registrar:(i) all exhibits in the possession of the officer,(ii) the indictment,(iii) any plea or demurrer filed in the Court of Trial,(iv) the shorthand notes of the relevant proceedings in the form of a transcript.rule 25: Am 18.12.1987. Subst 22.3.1996; 25.10.1996; 24.5.2002.
Further grounds of appeal
25A Further grounds of appeal
(1) Where the appellant intends to rely on grounds of appeal not stated in his notice of appeal or application for leave to appeal, he shall, within 28 days after giving his notice of appeal, or of application for leave to appeal send his notice of additional grounds of appeal to the Registrar.(2) The Court may at any time extend the time fixed by subrule (1).rule 25A: Ins 29.6.1984.
Application for leave to appeal
26 Application for leave to appeal
Where an application for leave to appeal has been granted, the notice of application for leave to appeal shall be deemed a notice of appeal in respect of the grounds upon which the Court has granted such leave.
Abandonment of appeal
27 Abandonment of appeal
An appellant who has given notice of appeal, or of any application, may abandon such appeal or application by forwarding a notice of abandonment (Form No III) to the Registrar, whereupon the appeal or application shall be deemed to have been dismissed or refused by the Court.
Extension of time
28 Extension of time for appeal
A notice of application for extension of time (Form V, VD, VE or VF) is to be accompanied by the notice of intention to appeal, notice of intention to apply for leave to appeal, notice of appeal or notice of application for leave to appeal to which it relates.rule 28: Am 18.12.1987. Subst 24.5.2002.
Submission of question of law
29 Submission of question of law
Any question of law submitted to the Court for determination under sections 5A, 5B or 5BA of the Act shall be in writing and signed by the Judge. Such submission shall be sent to the Registrar together with a summary of the evidence and a statement showing the names of the parties and their legal representatives, if any.rules 29–31: Am 15.3.1991.
30 Copy of submission to parties etc
The Registrar shall forward a copy of any such submission to the parties named in such statement, or their legal representatives.rules 29–31: Am 15.3.1991.
31 Determination etc by Court to be notified by Registrar
The Judge and the proper officer of the Court of Trial shall be notified by the Registrar of any such determination by the Court and of any order made thereon.rules 29–31: Am 15.3.1991.
31A–31E (Repealed)
rule 31A: Ins 17.2.1984. Am 22.9.1989. Subst 28.4.1995; 21.2.1997 (see also 21.3.1997); 24.12.1999. Rep 2006 (135), Sch 1 [1].
rule 31B: Ins 17.2.1984. Am 22.9.1989. Subst 28.4.1995; 21.2.1997; 24.12.1999. Rep 2006 (135), Sch 1 [1].
rule 31C: Ins 17.2.1984. Subst 28.4.1995. Am 21.2.1997 (see also 21.3.1997). Rep 2006 (135), Sch 1 [1].
rule 31D: Ins 23.2.1990. Rep 28.4.1995.
rule 31E: Ins 23.2.1990. Rep 28.4.1995.
Proceedings before Judge of Court
32 Notification to appellant of Judge’s decision
When any application has been determined by a judge of the Court the Registrar shall send a notification (Form No IX) of the decision to the appellant, and in the event of any application being refused shall also forward a form of application for determination by the Court. (Form No X.)
33 Effect of refusal of application
The refusal of any application by such judge shall be final unless the appellant, within 14 days from the receipt of such notification, completes and returns such application to the Registrar.rule 33: Am 16.8.1991.
34 Leave for presence of appellant at hearing
An appellant may, by leave of the Court, be present at the hearing of such last-mentioned application, but such leave shall not be granted when the appellant is legally represented unless special circumstances are shown.
35 Procedure on application for leave to be present at hearing
If the appellant completes and returns the notice of application, and therein applies for leave to be present on the determination of his application the Registrar shall inform the Court of such application to be present and shall notify the appellant of the Court’s decision.
36 Certain persons to be notified if application granted
If the application to be present is granted, the Registrar shall also notify the officer in charge of the gaol where the appellant is in custody, and the Director-General of Corrective Services or the Sheriff, as the case may be.rule 36: Am 6.7.1979; 23.2.1990.
36A Exemption
(1) Rules 32, 33, and, subject to subrule (2), 35 and 36 do not apply to an application in relation to bail or to a request to review any decision made by a judge of the Court in relation to bail.(2) Rules 34, 35 and 36 apply to an application to be present on a review of any decision made by a judge of the Court in relation to bail as they apply to an application to be present at the hearing of any other application for determination by the Court.rule 36A: Ins 6.7.1979.
Notification of appeal to Attorney-General
37 Notification of appeal etc to Attorney-General
The Registrar shall give notice to the Attorney-General of all appeals and applications for leave to appeal pursuant to section 16 of the Act by sending him a copy of the notice received.rule 37: Subst 6.7.1979.
38–41 (Repealed)
rule 38, hdg before: Rep 2014 (500), rule 3 (2).
rule 38: Rep 6.7.1979. Ins 25.6.1993. Am 19.11.1993. Rep 2014 (500), rule 3 (2).
rule 39: Rep 6.7.1979. Ins 19.11.1993. Rep 2014 (500), rule 3 (2).
rule 40: Rep 6.7.1979.
rule 41: Rep 6.7.1979.
Inquiry as to sureties
42 Inquiry as to sureties
Officers of the Police Force shall, if requested by the person taking the recognizance of any surety, inquire and report to him as to the sufficiency of any person offering himself as a surety.
Recognisances
43 Recognisances
Any recognisance of an appellant or his sureties shall be signed by the person entering into the same, and shall be forwarded to the Registrar by the person taking the recognisance.rule 43: Am 6.7.1979.
44 (Repealed)
rule 44: Rep 6.7.1979.
45 Forfeiture of recognizance
(1) Where the Court forfeits a recognizance, Part 53 rule 8 and Part 42 rule 3 of the Supreme Court Rules 1970 apply to proceedings in the Court as they apply to proceedings in the Supreme Court.(2) For the purposes of subrule (1), registrar in Part 53 rule 8 and Part 42 rule 3 means the Registrar.rule 45: Am 6.7.1979. Subst 29.6.1984.
46 Failure of appellant to appear at hearing
If an appellant fails without reasonable excuse (proof of which lies upon him) to appear at the hearing of his appeal in accordance with his bail undertaking, the Court may summarily dismiss the appeal, or decline to hear the appeal, or may consider the appeal in his absence, and may also issue a warrant for the apprehension of the appellant, or make such other order as it thinks fit.rule 46: Am 6.7.1979; 29.6.1984.
46A Issue of warrant
A warrant may be issued under the hand of the Registrar.rule 46A: Ins 6.7.1979.
47 Power of Court
The Court may, at any time when an appellant is present before the Court, revoke or vary any order or direction under rule 15, enlarge any recognizance or substitute for a surety some other person not previously bound.rule 47: Subst 6.7.1979. Am 15.3.1991; 10.12.1993.
48 Notice to Registrar of committal to prison
If any appellant has been surrendered by his surety and committed to prison, notification of such committal shall be sent to the Registrar by the officer in charge of the gaol to which he is committed.
49 Notice to Court of committal to prison
The Registrar shall thereupon inform the Court of such commitment, and the Court may make such order, or give such directions, as to the appellant or his appeal as may be required.
Inspection of exhibits
50 Inspection of exhibits
The Registrar may appoint a time and place for the inspection of any exhibits used at the trial by any party interested in an appeal.
Determination of appeals and applications
50A Determination of appeal or application
An appeal or application for leave to appeal is determined on the making of orders disposing of the appeal or application.rule 50A, hdg before: Ins 2007 (445), Sch 1 [2].rule 50A: Ins 24.5.2002.
50B Entry of order disposing of appeal or application
(1) Any order of the Court is to be entered.(2) Unless the Court orders otherwise, an order is taken to be entered when it is recorded in the Court’s computerised record system.(3) If the Court orders that the Registrar enter an order by signing and sealing a minute of the order, the order is taken to be entered:(a) when a document embodying the order is signed and sealed by the Registrar, orwhichever first occurs.(b) when the order is recorded as referred to in subrule (2),rule 50B: Ins 2007 (445), Sch 1 [3].
50C Power to set aside or vary order
(cf UCPR rule 36.16)
(1) The Court may set aside or vary an order if an application for the setting aside or variation is made before entry of the order.(1A) An application to set aside or vary an order may only be made with the leave of the Court.(1B) The Court may determine both whether to grant leave and the application on the papers.(2) If an application for the setting aside or variation of an order is made within 14 days after the order is entered, the Court may determine the matter, and (if appropriate) set aside or vary the order under subrule (1), as if the order had not been entered.(3) Within 14 days after an order is entered, the Court may of its own motion set aside or vary the order as if the order had not been entered.(4) The Court may not extend the time limited by subrule (2) or (3).(5) Nothing in this rule affects any other power of the Court to set aside or vary an order (including any power to correct clerical mistakes or errors arising from accidental slips or omissions).rule 50C: Ins 2007 (445), Sch 1 [3]. Am 2016 (494), cl 3 (1) (2).
Notifying results of appeal
51 Notice of determination of appeal etc
The Registrar shall send a notice of the determination of any appeal, or of any application incidental thereto, to the appellant, if he was not present when the matter was determined, to the proper officer of the Court of Trial, to the Director-General of Corrective Services and to the Sheriff, if the appeal is against a conviction involving a sentence of death or is against a sentence of death.rule 51: Am 6.7.1979; 23.2.1990; 2007 (445), Sch 1 [4].
52 Notice of orders or directions by Court
The Registrar shall also notify the proper officer of the Court of Trial of any orders or directions made or given by the Court in relation to such appeal.
53 (Repealed)
rule 53: Am 22.12.1995. Rep 2007 (445), Sch 1 [5].
54 Depositions etc to be returned
After the final determination of any appeal, or the final refusal of any application for leave to appeal, the Registrar shall, subject to any order made by the Court, return to the officer from whom he received them all depositions, pleadings, inquisitions or other documents relating to such matter.
New trial
55 New trial
Where the Court orders a new trial, the appellant shall, subject to the Bail Act 2013, be detained in custody or ordered into any former custody until the fresh trial has terminated.rule 55: Subst 6.7.1979. Am 2014 (500), rule 3 (3).
56 (Repealed)
rule 56: Rep 6.7.1979.
57 Time spent on bail or in custody not part of term
The time during which an appellant is at liberty on bail or detained in custody shall not, unless the Court otherwise orders, count as part of any term of imprisonment or penal servitude under any sentence passed upon him as the result of the fresh trial.rule 57: Subst 6.7.1979.
58, 59 (Repealed)
rule 58, hdg before: Rep 24.5.2002.
rule 58: Subst 22.3.2002. Rep 24.5.2002.
rule 59: Rep 22.3.2002.
Witnesses before Court of Appeal
60 Service of order for witness to attend before Court
Every person ordered by the Court to:(a) attend and be examined before the Court or an Examiner, orshall be personally served with a copy of the order.(b) produce any document or thing to the Court,rule 60: Subst 24.5.1991.
61 Order for witness to attend before Examiner
(1) An order to attend and be examined before the Court shall be in Form XIII.(2) An order to produce any document or thing to the Court shall be in Form XIV.(3) An order to attend and be examined, otherwise than before the Court, shall be in Form XVI and shall specify the person appointed as Examiner and the place where the witness is to be examined.rule 61: Subst 24.5.1991.
62 Registrar to furnish certain documents etc to Examiner
At the request of such Examiner the Registrar shall furnish him with any documents, exhibits, or other material, relating to the appeal, and these shall be returned by the Examiner to the Registrar, together with any depositions taken.
63 Notice to witness of time appointed for examination
The Registrar shall serve a notice (Form No XVII) of the day and time appointed by the Examiner for the examination, upon the witness personally, and shall inform the appellant and respondent thereof, and, when the appellant is in custody, the officer in charge of the gaol in which he is imprisoned.
64 Evidence to be given on oath
Every witness so examined shall give his evidence upon oath, to be administered by such Examiner.
65 Depositions
The examination of every such witness shall be taken down in writing, in the form of a deposition. A caption (Form No XVIII) shall be attached to every such deposition.
66 Witness’s expenses
The officer serving any witness with an order to attend before the Court, or an Examiner, shall pay him a reasonable sum, in accordance with the scale sanctioned by the Minister administering the Justices Act 1902, for the expenses of such witness, and shall forward the Registrar a certificate of the amount so paid.rule 66: Am 22.3.1996.
67 Parties to examination
The appellant and respondent, or their legal representatives, shall be entitled to be present at and take part in any such examination.
67A Evidence by audio-visual method or by telephone
(1) Rules 31.3 and 32.13 of the Uniform Civil Procedure Rules 2005 apply to proceedings in the Court as they apply to proceedings in the Supreme Court.(2) An order under rule 31.3 of the Uniform Civil Procedure Rules 2005 may not be made if it prevents the attendance at any part of the proceedings by, or relates to the evidence given by:(a) an appellant,(b) an applicant, orwithout the consent of that appellant, applicant or respondent.(c) a respondent to an appeal by the Attorney-General or by the Director of Public Prosecutions,rule 67A: Ins 22.8.1997. Am 2012 (168), rule 3 (1)–(3).
References to Commissioners
68 Reference to Commissioner
When the Court refers a question for inquiry and report, the order shall specify the question referred and the Commissioner appointed.
69 Power of Court re reference
The Court may, in such order, or from time to time:(1) Direct whether the appellant or respondent may be present or represented at any examination or investigation involved in such question, or at any stage thereof; and if the appellant is allowed to be present, and is in custody, give all necessary directions to the officer in charge of the gaol where such appellant is imprisoned, to enable him to be present,(2) Specify what powers are conferred upon the Commissioner,(3) Require the Commissioner to make interim reports,(4) Direct the Registrar whether copies of any report are to be furnished to the appellant and respondent, or to anyone on their behalf, and(5) Give all such directions as may be necessary for giving due effect to such order.
Cause lists
70 Notices of appeal etc to be entered in register
The Registrar shall enter in order of receipt all notices of appeal and notices of any application to the Court, in a register and list them for hearing as early as the business of the Court will permit after all necessary documents are to hand.
71 Parties to be notified where appellant in custody
The Registrar shall, where an appellant is in custody notify the appellant and the Director-General of Corrective Services of the day appointed for the hearing of his appeal or any application.rule 71: Am 6.7.1979; 23.2.1990.
Service of orders and notices
72 Service of orders for production of documents etc or for attendance of witness
All orders for the production of any documents, exhibits, or other things connected with the proceedings, or for the attendance of any witness, shall, unless otherwise directed by the Court, be personally served.
73 Service by police officer
Where personal service of any order or other document is required, the Commissioner of Police shall, at the request of the Registrar, cause such order or other document to be served by one of his officers.
74 Service by post
Any notice or other document, of which personal service is not required by any rule or by direction of the Court, may be served by post.
75 Time of service of notice of appeal or application
Any notice of appeal, or of any application to the Court by an appellant in custody, shall be deemed to have been given at the time when it is delivered for posting to the officer of the gaol where the appellant is imprisoned, and the time of such delivery shall be indorsed thereon by such officer.
Non-compliance with rules
76 Non-compliance with rules
Non-compliance by an appellant with these rules, or with any rule of practice, shall not, unless otherwise ordered by the Court or a judge, prevent the appeal being prosecuted, but the Court or a judge may make such amendments and give such directions as may be required.
Matters not provided for
77 Matters not provided for
Where provision as to any matter of procedure is not contained in these rules, the Court or a judge may direct what proceedings are to be taken.
Petitions etc
78 Petitions under section 474C (1) of the Crimes Act 1900
When the Minister under section 474C (1) of the Crimes Act 1900, on a petition for a review of a conviction or the exercise of the pardoning power, refers the whole case to the Court, the person convicted shall be deemed an appellant who has obtained the leave of the Court to appeal.rule 78: Subst 10.12.1993. Am 23.2.1996.
78A References and applications under sections 474H (2) and 474J of the Crimes Act 1900
These rules shall apply, making such changes as it is necessary to make, to:(a) a reference under sec 474H (2), andof the Crimes Act 1900 as if:(b) an application under sec 474J,(c) any reference to an appeal were a reference to proceedings on such a reference or application,(d) any reference to an applicant were a reference to the convicted person, and(e) leave to appeal has been given.rule 78A: Ins 10.12.1993.
Payment of expenses under section 17
79 Registrar’s certificate of expenses
The Registrar shall certify (Form No XIX) to the Minister administering the Justices Act 1902 what expenses have been allowed by him in respect of any appeal or proceeding hereunder.rules 79–81: Am 22.3.1996.
80 Review of amount of expenses
Within fourteen days from the receipt of such certificate the Minister administering the Justices Act 1902 shall notify the Registrar whether he requires the amount of such expenses, or any part thereof, to be reviewed by the Court or a judge.rules 79–81: Am 22.3.1996.
81 Notice of time and place appointed for review
If the amount is required by the Minister administering the Justices Act 1902 to be reviewed, the Registrar shall notify that Minister of the time and place appointed for such review.rules 79–81: Am 22.3.1996.
82 Amendment of certificate of expenses
The certificate shall be amended, if necessary, in accordance with any directions given by the Court or a judge.
83 Payment of expenses
The certificate of the Registrar:(1) when not so required to be reviewed, orshall be final and conclusive, and shall be deemed sufficient authority for the payment to the persons named therein of the amounts set opposite their names.(2) after it has been so reviewed,
Sittings of the Court
84 Sittings
The Court shall sit at such times as may be directed, and may sit during vacation.
Short reasons for decision
85 Short reasons for decision
The Court may, when dismissing an appeal, exercise its power under section 21A of the Act to give reasons for its decision in short form by stating them in Form No XXIII.rule 85: Ins 23.10.1998.
86 Application for guideline judgment
(1) Application may be made for a guideline judgment under section 37 of the Crimes (Sentencing Procedure) Act 1999 by sending to the Registrar an application in Form XXIV.(2) The Attorney General shall, unless the Court or a Judge of the Court otherwise orders, send to the Senior Public Defender:(a) a copy of the application—on the day the application is sent to the Registrar,(b) a statement or summary of any submissions that the Attorney General proposes to make on the hearing of the application—within a reasonable time before the hearing, and(c) a copy of any written submissions sent by the Attorney General to the Registrar and not previously sent to the Senior Public Defender—on the day the submissions are sent to the Registrar.(3) The Senior Public Defender shall, unless the Court or a Judge of the Court otherwise orders, send to the Attorney General:(a) a statement or summary of any submissions that the Senior Public Defender proposes to make on the hearing of the application—within a reasonable time before the hearing, and(b) a copy of any written submissions sent by the Senior Public Defender to the Registrar and not previously sent to the Attorney General—on the day the submissions are sent to the Registrar.(4) Subrules (2) and (3) apply to the Director of Public Prosecutions as they apply to the Senior Public Defender.rule 86: Ins 19.2.1999. Am 25.2.2000; 2014 No 59, Sch 1.5.
87 Discontinuance of application
(1) The Attorney General may discontinue an application under section 174 of the Criminal Procedure Act 1986 by sending written notice of discontinuance to the Registrar.(2) Discontinuance under this rule shall not prevent the Attorney General from bringing a fresh application seeking the same guideline judgment.rule 87: Ins 19.2.1999. Am 25.2.2000.
Forms
I
(Title of proceedings)
In the Court, held at
Judge’s Certificate
The day of 19 .
I hereby certify that this case, in which the abovenamed ......................... was convicted before me on the ............... day of ............... 19.. of the offence of ........................., is a fit case for an appeal by the said ......................... against his conviction upon the following grounds:
Judge
Form I: Am 2006 (136), Sch 1 [2].
1A
(Title of proceedings)
In the .................... Court held at ....................
Judge’s certificate (s. 5F (3) (b))
The ............... day of ............... 19..
I hereby certify that the above (or annexed) judgment or order is a proper one for the determination on appeal by the Court of Criminal Appeal upon the following grounds:
Judge.
Form 1A: Ins 18.12.1987. Am 2006 (136), Sch 1 [2].
II
(Title of proceedings)
Particulars of Trial
The day of 19 .
1. Age and occupation of Appellant
2. Date of trial and sentence
3. Place and Court of trial
4. Before whom tried
5. Charge
6. Plea
7. Verdict
8. Sentence†† Here state also any orders or directions affecting property or person of appellant or anyone else.
9. Previous convictions:
10. Name of Crown Prosecutor;
11. Name of Counsel for defence;
12. Name of Solicitor for defence;
13. Was Appellant defended privately, or how?
14. Was a certificate given that case a fit one for appeal?
15. Was Appellant granted bail before trial? If so, on what terms?
(Proper officer of the Court of Trial)
Form II: Am 6.7.1979; 15.3.1991; 2006 (136), Sch 1 [2].
III
(Title of proceedings)
Notice of Abandonment
The day of 19 .
I, , having given notice of my desire to appeal against my conviction (or against (the judgment or order made on ............... 19..) or the sentence passed upon me upon my conviction) before the* , held at , hereby give notice that I abandon all further proceedings in respect of my appeal.
* Here state Court.
(Signed)†
† If appellant cannot write, his mark must be attested by a witness.
To the Registrar.
Form III: Am 18.12.1987; 2006 (136), Sch 1 [2].
Form IV Notice of appeal or notice of application for leave to appeal
[Rule 23C of the Criminal Appeal Rules requires this notice to be accompanied by a statement of the grounds for appeal, written submissions in support of the appeal, a certificate of availability of transcript and exhibits and a statement nominating the solicitor and counsel acting for the appellant.]
Name of appellant: | ......................... |
Date of birth: | ......................... |
M.I.N. .................... | |
C.N.I. .................... | |
Lower Court File No: .......... | |
The appellant appeals against: | □ Conviction only □ Conviction and sentence □ Sentence only |
Plea entered: | □ Guilty □ Not guilty |
Details of Court of Trial: | □ Supreme Court □ District Court |
At: [Location] | ......................... |
Name of Judge: | ......................... |
Dates of trial and sentence hearings: | ......................... |
Date of sentence: | ......................... |
Convicted of: [List all offences] | ......................... |
Longest sentence: | ......................... |
Non-parole period: | ......................... |
If held in custody, location of gaol: | ......................... |
If not held in custody, residential address: | ......................... |
Legal representative: [List name and address. If seeking legal aid, an application for legal aid must be sent to the Legal Aid Commission of New South Wales] | ......................... |
Does the appellant wish to be present at the hearing of the appeal? | Yes/No |
Preferred hearing date: [Selected from available dates notified by the Court] | ......................... |
Estimated length of hearing: [Specified in hours] | ......................... |
Signed: | ......................... [Signature of appellant or solicitor or counsel] |
Date: | ......................... |
Form IV: Subst 18.12.1987. Am 16.8.1991. Subst 24.5.2002. Am 2005 (689), Sch 1 [2].
Form IVA Notice of intention to appeal or notice of intention to apply for leave to appeal
Name of intending appellant: | ......................... |
Date of birth: | ......................... |
M.I.N. .................... | |
C.N.I. .................... | |
Lower Court File No: .......... | |
The intending appellant intends to appeal against: | □ Conviction only □ Conviction and sentence □ Sentence only |
Plea entered: | □ Guilty □ Not guilty |
Details of Court of Trial: | □ Supreme Court □ District Court |
At: [Location] | ......................... |
Name of Judge: | ......................... |
Dates of trial and sentence hearings: | ......................... |
Date of sentence: | ......................... |
Convicted of: [List all offences] | ......................... |
Longest sentence: | ......................... |
Non-parole period: | ......................... |
If held in custody, location of gaol: | ......................... |
If not held in custody, residential address: | ......................... |
The intending appellant intends to apply for Legal Aid: | □ |
Proposed legal representative: [List name and address. If seeking legal aid, an application for legal aid must be sent to the Legal Aid Commission of New South Wales] | ......................... |
Signed: | ......................... [Signature of intending appellant or solicitor or counsel] |
Date: | ......................... |
Form IVA: Ins 24.5.2002. Am 28.2.2003.
Form V Notice of application for extension of time for notice of appeal or notice of application for leave to appeal
Name of appellant: | ......................... |
Date of birth: | ......................... |
M.I.N. .................... | |
C.N.I. .................... | |
Lower Court File No: .......... | |
The appellant applies for an extension of time within which to appeal or to give notice of intention to apply for leave to appeal against: | □ Conviction only □ Conviction and sentence □ Sentence only |
Details of Court of Trial: | □ Supreme Court □ District Court |
At: [Location] | ......................... |
Date of conviction or sentence: | ......................... |
Signed: | ......................... [Signature of intending appellant or solicitor or counsel] |
Date: | ......................... |
The notice of appeal or notice of application for leave to appeal was not given within 3 months after conviction or sentence, or during the period within which a notice of intention to appeal or to apply for leave to appeal had effect, for the following reasons:
............................................................
............................................................
Form V: Subst 18.12.1987. Am 16.8.1991. Subst 24.5.2002.
VA–VBA
Form VA: Ins 17.2.1984. Am 22.9.1989. Subst 28.4.1995. Am 21.2.1997; 19.3.1999. Subst 24.12.1999. Rep 2006 (135), Sch 1 [2].
Form VB: Ins 17.2.1984. Am 22.9.1989. Rep 28.4.1995.
Form VBA: Ins 23.2.1990. Rep 28.4.1995. Ins 21.2.1997 (see also 21.3.1997). Subst 24.12.1999. Rep 2006 (135), Sch 1 [2].
VC
NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL AGAINST INTERLOCUTORY JUDGMENT OR ORDER
(This form is not to be used in an appeal after conviction. If this Notice is given more than 14 days after the order was made, a form (FORM VD) of an application for extension of time must also be forwarded to the Registrar.)
APPELLANT’S NAME: ............................................................
THE APPELLANT APPEALS OR APPLIES FOR LEAVE TO APPEAL AGAINST THE JUDGMENT OR ORDER SET OUT ON PAGE 2 ON THE GROUNDS SET OUT ON PAGE 2.
ORDER GIVEN OR MADE
IN THE | SUPREME COURT | □ | DISTRICT COURT | □ |
AT (TOWN) ............................................................
ON (DATE) ............................................................
NAME OF JUDGE WHO GAVE OR MADE THE JUDGMENT OR ORDER: ............................................................
............................................................
............................................................
IF THE APPELLANT IS IN GAOL—NAME OF GAOL: ............................................................
IF NOT IN GAOL—RESIDENTIAL ADDRESS: ............................................................
............................................................
............................................................
DID THE JUDGE GIVE A CERTIFICATE THAT THE JUDGMENT OR ORDER IS PROPER FOR DETERMINATION ON APPEAL?
If the answer is “yes”, the appellant must forward the certificate with this notice.
YES | □ | NO | □ |
DOES THE APPELLANT WANT LEGAL AID?
YES | □ | NO | □ |
DOES THE APPELLANT DESIRE TO BE PRESENT WHEN THE COURT CONSIDERS THE APPEAL?
YES | □ | NO | □ |
NAME AND ADDRESS OF APPELLANT’S SOLICITOR AT THE TRIAL: ............................................................
............................................................
............................................................
NAME AND ADDRESS OF APPELLANT’S SOLICITOR ACTING ON THIS APPEAL: ............................................................
Signed by the Solicitor for the Appellant □
or Signed by the Appellant □
DATED: ...................................
(Page 2 of Notice)
JUDGMENT OR ORDER APPEALED AGAINST
(State the judgment or order)
JUDGMENT OR ORDER SOUGHT
(State what judgment or order the appellant seeks in place of the judgment or order appealed against.)
GROUNDS OF APPEAL OR APPLICATION
(Set out the grounds. The appellant can also, in addition to giving grounds of appeal, etc, set out in writing the case and argument in support of it. This will then be considered by the Court without any person appearing on the appellant’s behalf.)
Forms VC, VD: Ins 18.12.1987. Am 16.8.1991.
VD
APPLICATION FOR EXTENSION OF TIME
(This form must not be used in an appeal after conviction. The Notice of Appeal must be filled in, signed and forwarded to the Registrar with this Notice.)
APPELLANT’S NAME: ............................................................
THE APPELLANT APPLIES FOR AN EXTENSION OF TIME WITHIN WHICH TO APPEAL OR APPLY FOR LEAVE TO APPEAL.
JUDGMENT GIVEN OR ORDER MADE IN THE | SUPREME COURT | □ |
DISTRICT COURT | □ |
AT (TOWN) ............................................................
ON (DATE) ............................................................
NAME OF JUDGE WHO GAVE OR MADE THE JUDGMENT OR ORDER: ............................................................
............................................................
............................................................
IF APPELLANT IS IN GAOL—NAME OF GAOL:............................................................
IF NOT IN GAOL—RESIDENTIAL ADDRESS: ............................................................
............................................................
............................................................
Signed by the Solicitor for the Appellant □
or Signed by the Appellant □
DATED: ...................................
(Page 2 of Notice)
NOTICE OF APPEAL WAS NOT GIVEN WITHIN 14 DAYS OF THE GIVING OR MAKING OF THE JUDGMENT OR ORDER FOR THE FOLLOWING REASONS:
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
Forms VC, VD: Ins 18.12.1987. Am 16.8.1991.
Form VE Notice of application for extension of time for notice of intention to appeal or to apply for leave to appeal
Name of intending appellant: | ......................... |
Date of birth: | ......................... |
M.I.N. .................... | |
C.N.I. .................... | |
Lower Court File No: .......... | |
The intending appellant applies for an extension of time within which to give notice of intention to appeal or to give notice of intention to apply for leave to appeal against: | □ Conviction only □ Conviction and sentence □ Sentence only |
Details of Court of Trial: | □ Supreme Court □ District Court |
At: [Location] | ......................... |
Date of conviction or sentence: | ......................... |
Signed: | ......................... [Signature of intending appellant or solicitor or counsel] |
Date: | ......................... |
The notice of intention to appeal or notice of intention to apply for leave to appeal was not given within 28 days after conviction or sentence for the following reasons:
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
Forms VE, VF: Ins 24.5.2002.
Form VF Notice of application for extension of period within which notice of intention to appeal or to apply for leave to appeal has effect
Name of intending appellant: | ......................... |
Date of birth: | ......................... |
M.I.N. .................... | |
C.N.I. .................... | |
Lower Court File No: .......... | |
The intending appellant applies for an extension of the period of time within which the following notice of intention to appeal or notice of intention to apply for leave to appeal has effect: | ......................... [Notice of intention to appeal number or notice of intention to apply for leave to appeal number] |
Signed: | ......................... [Signature of intending appellant or solicitor or counsel] |
Date: | ......................... |
The notice of appeal or the notice of application for leave to appeal was not given during the period within which a notice of intention to appeal or to apply for leave to appeal had effect for the following reasons:
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
Forms VE, VF: Ins 24.5.2002.
VI–VIII
Forms VI, VII, VIII: Rep 6.7.1979.
IX
(Title of proceedings)
Notification to Appellant of Judge’s Decision on his Application
The ............... day of ............... 19..
THIS is to give you notice that a Judge of the Court has granted your applications for* .................... and has refused your applications for†............................................................
* Here set out applications granted.
† Here set out applications refused.
If you desire to have any of the applications which have been refused, determined by the Court of Criminal Appeal, you must complete the enclosed form and return it to me forthwith.
Registrar.
To the abovenamed ............................................................
Forms IX, X: Am 2006 (136), Sch 1 [2].
X
(Title of proceedings)
Application to the Court
The ............... day of ............... 19..
I desire to have my application for .................... determined by the Court of Criminal Appeal. [†and I apply for leave to be present at the hearing.]
† Strike out this part if you do not desire to be present.
To the Registrar.
Appellant
Forms IX, X: Am 2006 (136), Sch 1 [2].
XI, XII
Forms XI, XII: Am 15.3.1991; 2006 (136), Sch 1 [2]. Rep 2007 (445), Sch 1 [6].
XIII
(Title of proceedings)
Order for Witness to attend before Court
The ............... day of ............... 19..
In the Court of Criminal Appeal.
THE Court of Criminal Appeal hereby orders that you attend before the said Court and be examined as a witness on ............... the ............... day of ............... 19.., at the Law Courts Building, Queen’s Square, Sydney, at the hour of ...............
By the Court,
To ....................
Registrar
Form XIII: Rep 6.9.1979. Ins 24.5.1991. Am 2006 (136), Sch 1 [2].
XIV
(Title of proceedings)
Order to Produce
The ............... day of ............... 19..
In the Court of Criminal Appeal.
THE Court of Criminal Appeal hereby orders that you produce to the (said Court/Registrar†) on ............... the ............... day of ............... 19.., at the Law Courts Building, Queen’s Square, Sydney, at the hour of ..............., the following documents and things*:
............................................................
............................................................
............................................................
............................................................
† Strike out word or words which are not applicable.
* Here insert documents and things which the witness has been ordered to produce.
By the Court,
To ..............................
Registrar
Forms XIV, XV: Subst 24.5.1991. Am 2006 (136), Sch 1 [2].
XV
(Title of proceedings)
Application for further Witnesses
The ............... day of ............... 19..
I hereby apply to the Court of Criminal Appeal for an order directing the examination of the witnesses specified in the Schedule hereto.
Schedule of Witnesses
The appellant must fill in these particulars and answer these questions.
1. Name and address of witness:
2. Was such witness examined at the trial?
3. If not so examined, state the reasons.
4. State shortly why you want such witness examined, and the evidence you think he can give.
Appellant
Forms XIV, XV: Subst 24.5.1991. Am 2006 (136), Sch 1 [2].
XVI
(Title of proceedings)
Order for Witness to attend before Examiner
The ............... day of ............... 19..
In the Court of Criminal Appeal.
THE Court of Criminal Appeal hereby orders that you attend and be examined as a witness before* ............... at†............... on ............... the ............... day of ............... 19.., at such time as shall be appointed by the said* ..............., (and have with you the following documents and things:‡**)
* Specify Examiner.
† Specify place of examination.
‡ Here insert anything which the witness has been ordered to produce.
** Strike out if not applicable.
By the Court,
To ...................................
Registrar
Forms XVI–XVIII: Am 2006 (136), Sch 1 [2].
XVII
(Title of proceedings)
Notice to Witness of Time appointed
The ............... day of ............... 19..
YOU are hereby notified that the Examiner appointed by the Court of Criminal Appeal has fixed the hour of ..............., on the ............... day of ............... 19.., as the time for your attendance to be examined as a witness.
To ...................................
Registrar
Forms XVI–XVIII: Am 2006 (136), Sch 1 [2].
XVIII
(Title of proceedings)
THE depositions of ............... of ............... and ............... of ............... taken under an order of the Court of Criminal Appeal at ............... on the ............... day of ............... 19..
The deposition of ............... of ............... who on oath saith as follows: ............................................................
Taken before me the ............... day of ............... 19..
Examiner
Forms XVI–XVIII: Am 2006 (136), Sch 1 [2].
XIX
(Title of proceedings)
Registrar’s Certificate of Expenses
The ............... day of ............... 19..
I HEREBY certify that I have allowed as expenses in respect of this appeal the amounts set out in the Schedule hereto, and that such amounts are due to the persons whose names are set out in the first column of the said Schedule.
Registrar
To (the Minister administering the Justices Act 1902)
THE SCHEDULE
Name and Address of Payee | Particulars of Expenses Incurred | Amount Allowed | ||
£ | s. | d. | ||
Form XIX: Am 22.3.1996; 2006 (136), Sch 1 [2].
XX
(Title of proceedings)
Recognisance of Appellant Sentenced to Payment of money as a penalty or for costs
BE it remembered that whereas ......................... of ........................., was convicted on the ............... day of ............... 19.. of ............... and was thereupon ordered to pay the sum of £......................... of money as a penalty or for costs and whereas the Judge of the Court of Trial has directed that the payment of the said sum of £.................... be suspended upon the said .................... entering into his own recognisance in the sum of £.................... (with .................... sureties each in the sum of £..............................) to prosecute an appeal against the said conviction and abide by the judgment of the Court, the said .............................. acknowledges himself to owe to our Sovereign Lady the Queen the said sum of £.................... of good and lawful money of the Commonwealth of Australia, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Sovereign Lady the Queen, her heirs and successors, if he the said .............................. fails in the condition indorsed hereon.
Appellant
Taken and acknowledged this ............... day of ............... 19.. at .........................
Before me—
*
* Stipendiary Magistrate or Officer in Charge of Gaol.
Condition
The condition of the within-written recognisance is such that if the said ............... duly prosecutes an appeal to the Court of Criminal Appeal against his said conviction, abides the judgment of the said Court, and pays the said sum of £..............., or so much thereof as the said Court orders to the Registrar, then this recognisance to be void, or else to stand in full force and effect.
Form XX: Am 26.10.1979; 2006 (136), Sch 1 [2].
XXI
Recognisance of Sureties for Appellant Sentenced to payment of money as a penalty or for costs
BE it remembered that on the ............... day of ............... 19.. of ...............,*............... and ............... of ...............,*..............., came before me and severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following, that is to say, the said ............... the sum of £............... and the said ............... the sum of £............... of good and lawful money of the Commonwealth of Australia to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lady the Queen, her heirs and successors, if the abovenamed ......................... fails in the condition indorsed hereon.
* Occupation
Taken and acknowledged this ............... day of ............... 19.. at ............................................................
Before me—
†
† Stipendiary Magistrate or Clerk of Petty Sessions
Condition
The condition of the within-written recognisance is such that whereas the abovenamed ............... was convicted on the ............... day of ............... 19.. and was thereupon ordered to pay the sum of £............... as a fine, and whereas the payment of the said sum of £............... has been suspended upon the said ............... entering into recognisances with ............... sureties if the said ............... duly prosecutes his appeal against the said conviction, abides the judgment of the Court and pays the said sum of £............... or so much thereof as the said Court orders to the Registrar, then this recognisance to be void, or else to stand in full force and effect.
Form XXI: Am 26.10.1979.
Form XXII Registrar’s certificate of no appeal pending
(Title of proceedings)
I certify that:
(a) no notice of intention to appeal or notice of intention to apply for leave to appeal against the conviction or sentence has effect, and
(b) there is no appeal or application for leave to appeal now pending in the Court of Criminal Appeal against the conviction or sentence on
[insert date]
[insert offence]
......................... Registrar | ......................... Date |
Form XXII: Subst 24.5.2002. Am 2006 (136), Sch 1 [3].
XXIII
(Title of proceedings)
Short Reasons for Decision
The appeal is dismissed and the Court is of the unanimous decision that the appeal does not raise any question of general principle. Pursuant to section 21A of the Criminal Appeal Act 1912, the Court’s reasons in short form are (set out short reasons).
(Date)
Form XXIII: Ins 23.10.1998. Am 2006 (136), Sch 1 [2].
XXIV
Application for Guideline Judgment
Application is hereby made by the Attorney General to the Court of Criminal Appeal under section 37 of the Crimes (Sentencing Procedure) Act 1999 for a guideline judgment concerning (set out the offence or category of offences to which the application relates).
(Submissions with respect to the framing of the guidelines may be set out here.)
Dated (date)
Attorney General
Form XXIV: Ins 19.2.1999. Am 25.2.2000; 2014 No 88, Sch 2.15.