REGINA v GUIDER [2005] NSWCCA 386

REGINA v GUIDER [2005] NSWCCA 386

The appeal was summarily dismissed because, after the Attorney General referred the petition to the Court, the appellant took no steps to prosecute the appeal, stated he was unable to proceed, and then advised that he did not wish to go ahead with the appeal and would be content for it to be struck out.

Jurisdiction
Australia
Judgment Date
03 August 2005
Procedural Posture
Criminal Appeal / Reference by the Registrar Under S19(2) of the Criminal Appeal Act 1912 for Consideration of Summary Determination
Outcome
Appeal summarily dismissed
Legal Topics
['summary Dismissal' 'want of Prosecution' 'appeal From Conviction' 'petition Referred to Court of Criminal Appeal']
['criminal Law' 'criminal Procedure'] ['summary Dismissal' 'want of Prosecution' 'appeal From Conviction' 'petition Referred to Court of Criminal Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Reference by the Registrar Under S19(2) of the Criminal Appeal Act 1912 for Consideration of Summary Determination

Legal Issues

  1. 1 ['Whether the appeal should be summarily dismissed for want of prosecution.']

Ratio Decidendi

The appeal was summarily dismissed because, after the Attorney General referred the petition to the Court, the appellant took no steps to prosecute the appeal, stated he was unable to proceed, and then advised that he did not wish to go ahead with the appeal and would be content for it to be struck out.

Court Disposition

Appeal summarily dismissed

Orders

  • ['The appeal be summarily dismissed.']