Weldon v R (No 2) [2019] NSWCCA 206

Weldon v R (No 2) [2019] NSWCCA 206

Consequent upon refusal of the adjournment application, the applicant's solicitor withdrew, and the applicant indicated that he did not have sufficient funds and wished to use a work release program to save funds to prosecute the appeal. In those circumstances, the Court dismissed the application for leave to appeal, while noting that this did not preclude a further application for leave with an extension of time.

Jurisdiction
Australia
Judgment Date
07 August 2019
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
['appeal Against Sentence' 'application for Leave to Appeal' 'application for Adjournment' 'withdrawal of Solicitor' 'extension of Time']
['criminal Law' 'appeals'] ['appeal Against Sentence' 'application for Leave to Appeal' 'application for Adjournment' 'withdrawal of Solicitor' 'extension of Time']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the application for leave to appeal should be dismissed after the application for adjournment was refused and the applicant's solicitor withdrew." 'Whether dismissal would preclude a further application for leave to appeal with an extension of time.']

Ratio Decidendi

Consequent upon refusal of the adjournment application, the applicant's solicitor withdrew, and the applicant indicated that he did not have sufficient funds and wished to use a work release program to save funds to prosecute the appeal. In those circumstances, the Court dismissed the application for leave to appeal, while noting that this did not preclude a further application for leave with an extension of time.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['Dismiss application for leave to appeal.']