Riddell v R (No 2) [2016] NSWCCA 74

Riddell v R (No 2) [2016] NSWCCA 74

Leave to file the notice of motion was refused as the matters had already been dealt with or were not within the Court's purview; leave to withdraw appeals as to conviction and sentence was granted as there was no discernible prejudice to the Crown, the applicant was unrepresented, and he should not be forced to pursue an appeal against his will.

Parties
Applicant: Andrew Riddell; Respondent: Crown; Amicus Curiae: C. Waterstreet
Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Criminal Appeal / Ruling on Motions and Abandonment of Appeal
Outcome
Leave to file notice of motion refused; leave to withdraw appeals granted
Legal Topics
Appeals, Withdrawal of Appeal, Leave to File Motion
Criminal Law Appeals Withdrawal of Appeal Leave to File Motion

Case Brief

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Parties

Andrew Riddell

Applicant

Crown

Respondent

C. Waterstreet

Amicus Curiae

Procedural Posture

Criminal Appeal / Ruling on Motions and Abandonment of Appeal

Legal Issues

  1. 1 Whether leave should be granted to file a notice of motion seeking to re-agitate earlier application and applications for equitable relief; Whether leave is necessary and should be granted to withdraw appeal

Ratio Decidendi

Leave to file the notice of motion was refused as the matters had already been dealt with or were not within the Court's purview; leave to withdraw appeals as to conviction and sentence was granted as there was no discernible prejudice to the Crown, the applicant was unrepresented, and he should not be forced to pursue an appeal against his will.

Court Disposition

Leave to file notice of motion refused; leave to withdraw appeals granted

Orders

  • Refuse leave to file notice of motion dated 31 March 2016.
  • To the extent necessary, grant the Applicant leave to withdraw his appeal.