R v Ly

[2001] QCA 360

[2001] QCA 360

COURT OF APPEAL

THOMAS JA
WILLIAMS JA
WHITE J

CA No 107 of 2001

THE QUEEN

v.

LINH THI LY  (Applicant)

BRISBANE

..DATE 03/09/2001

ORDER

THOMAS JA:  Although the matter is not absolutely certain I am satisfied that the applicant must have received information that the present matter would be on for hearing today and that she has not appeared.  There is material on the Court file that suggests that two notices in relation to the hearing were sent to her at the Corrective Services address with which she is apparently in close contact.  She has also been served with the Crown outline of argument, with material indicating the date of hearing.

In these circumstances I would be prepared to dismiss the application for want of prosecution.  If my conclusion is wrong, of course, she can apply to set aside the order.

WILLIAMS JA:  Yes, I agree that the application should be dismissed.

WHITE J:  I agree also that it should be dismissed for want of prosecution.

THOMAS JA:  The order of the Court is, application dismissed.

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