Riddell v R [2023] NSWCCA 167

Riddell v R [2023] NSWCCA 167

The applicant's failure to comply with the direction to file and serve submissions not exceeding 200 pages constituted a failure to prosecute the application for leave to appeal diligently. Accordingly, dismissal of the application was appropriate, subject to a suspended operation to allow a final opportunity for compliance.

Parties
Applicant: Andrew Phillip Riddell; Respondent: Rex
Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time; Case Management Directions; Dismissal Application
Outcome
Application for leave to appeal out of time dismissed, but dismissal suspended until 9 February 2024; application may be reinstated if submissions (≤200 pages) are filed by 7 February 2024.
Legal Topics
Leave to Appeal Out of Time, Case Management, Failure to Prosecute Appeal Diligently, Compliance With Court Directions
Criminal Law Procedure Leave to Appeal Out of Time Case Management Failure to Prosecute Appeal Diligently Compliance With Court Directions

Case Brief

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Parties

Andrew Phillip Riddell

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time; Case Management Directions; Dismissal Application

Legal Issues

  1. 1 Whether the applicant's failure to comply with a direction to file submissions not exceeding 200 pages amounts to a failure to prosecute the application for leave to appeal diligently
  2. 2 Whether dismissal of the application for leave to appeal out of time was an appropriate exercise of court power under s 22(1)(i),(l) of the Criminal Appeal Act 1912 (NSW)

Ratio Decidendi

The applicant's failure to comply with the direction to file and serve submissions not exceeding 200 pages constituted a failure to prosecute the application for leave to appeal diligently. Accordingly, dismissal of the application was appropriate, subject to a suspended operation to allow a final opportunity for compliance.

Court Disposition

Application for leave to appeal out of time dismissed, but dismissal suspended until 9 February 2024; application may be reinstated if submissions (≤200 pages) are filed by 7 February 2024.

Orders

  • Subject to order (2), Mr Riddell's application for leave to appeal against conviction and sentence out of time dated 5 April 2022 is dismissed in whole, but this order is not to take effect until 9 February 2024.
  • If Mr Riddell files and serves submissions on his 15 grounds of appeal (including a summary identifying material relied upon) of not more than 200 pages on or before 7 February 2024, the preceding order (1) is discharged.