New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Title of proceedings)
In theCourt, held at
Judge's Certificate
Theday of19.
I hereby certify that this case, in which the abovenamedwas convicted before me on theday of19of the offence of, is a fit case for an appeal by the saidagainst his conviction upon the following grounds:
Judge
(Title of proceedings)
In theCourt held at
Judge's certificate (s. 5F (3) (b))
Theday of19
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.
(Title of proceedings)
Particulars of Trial
Theday of19.
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:
No Date Where Tried Offence Sentence 1 2 3 4 5 6 7 8 9 10
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)
(Title of proceedings)
Notice of Abandonment
Theday of19.
I,, having given notice of my desire to appeal against my conviction (or against (the judgment or order made on19) 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.
:† If appellant cannot write, his mark must be attested by a witness.
To the Registrar.
[Rule 23C of the]
| 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: |
| 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: |
| 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:
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?
| 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.)
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:
| 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:
| 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:
(Title of proceedings)
Notification to Appellant of Judge's Decision on his Application
Theday of19
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
(Title of proceedings)
Application to the Court
Theday of19
I desire to have my application fordetermined 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
(Title of proceedings)
Order for Witness to attend before Court
Theday of19
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 ontheday of19, at the Law Courts Building, Queen's Square, Sydney, at the hour of
By the Court,
To
Registrar
(Title of proceedings)
Order to Produce
Theday of19
In the Court of Criminal Appeal.
THE Court of Criminal Appeal hereby orders that you produce to the (said
Court/Registrar†) ontheday of19, 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
(Title of proceedings)
Application for further Witnesses
Theday of19
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
(Title of proceedings)
Order for Witness to attend before Examiner
Theday of19
In the Court of Criminal Appeal.
THE Court of Criminal Appeal hereby orders that you attend and be examined as a witness before*at†ontheday of19, 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
(Title of proceedings)
Notice to Witness of Time appointed
Theday of19
YOU are hereby notified that the Examiner appointed by the Court of Criminal Appeal has fixed the hour of, on theday of19, as the time for your attendance to be examined as a witness.
To
Registrar
(Title of proceedings)
THE depositions ofofandoftaken under an order of the Court of Criminal Appeal aton theday of19
The deposition ofofwho on oath saith as follows:
Taken before me theday of19
Examiner
(Title of proceedings)
Registrar's Certificate of Expenses
Theday of19
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. | ||
(Title of proceedings)
Recognisance of Appellant Sentenced to Payment of money as a penalty or for costs
BE it remembered that whereasof, was convicted on theday of19ofand 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 saidentering into his own recognisance in the sum of £(withsureties each in the sum of £) to prosecute an appeal against the said conviction and abide by the judgment of the Court, the saidacknowledges 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 saidfails in the condition indorsed hereon.
Appellant
Taken and acknowledged thisday of19at
Before me--
*
:* Stipendiary Magistrate or Officer in Charge of Gaol.
Condition
The condition of the within-written recognisance is such that if the saidduly 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.
Recognisance of Sureties for Appellant Sentenced to payment of money as a penalty or for costs
BE it remembered that on theday of19of,*andof,*, came before me and severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following, that is to say, the saidthe sum of £and the saidthe 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 abovenamedfails in the condition indorsed hereon.
:* Occupation
Taken and acknowledged thisday of19at
Before me--
†
:† Stipendiary Magistrate or Clerk of Petty Sessions
Condition
The condition of the within-written recognisance is such that whereas the abovenamedwas convicted on theday of19and 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 saidentering into recognisances withsureties if the saidduly 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.
(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]for the offence of
[insert offence]
Registrar | Date |
(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)
Crimes (Sentencing Procedure) Act 1999
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