R v Mann

Case [2004] QCA 168

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COURT OF APPEAL

WILLIAMS JA
JERRARD JA
ATKINSON J

CA No 32 of 2004

THE QUEEN

KYLIE MAREE MANN

BRISBANE

..DATE 18/05/2004

JUDGMENT

No appearance by or on behalf of the applicant

MR P F RUTLEDGE (instructed by the Director of Public Prosecutions (Queensland)) for the respondent

WILLIAMS JA: The applicant spoke by telephone to the Registrar yesterday and informed him that she did not wish to continue with the appeal but was unable to provide a notice of abandonment. She had no access to a fax machine.

The Registrar advised her that if she did not attend the Court would most likely strike out the appeal. Her name has been called. There is no appearance.

In the circumstances the application for leave to appeal against sentence will be dismissed.

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Details

AGLC: R v Mann [2004] QCA 168
Case: [2004] QCA 168
Decision Date: 18/05/2004

CaseChat Overview and Summary

In the case of R v Mann, the applicant, Kylie Maree Mann, sought to appeal against a sentence imposed by a lower court. The appeal was heard by the Queensland Court of Appeal, with Williams JA, Jerrar JA, and Atkinson JCA presiding. The applicant did not appear or provide legal representation, and the Director of Public Prosecutions (Queensland) appeared for the respondent.

The primary legal issue the Court had to decide was whether the applicant had effectively abandoned her appeal. The applicant had informed the Registrar via telephone that she did not wish to continue with the appeal but was unable to provide a formal notice of abandonment due to a lack of access to a fax machine. The Court needed to determine if the absence of a formal notice, coupled with the applicant's verbal indication of abandonment, constituted a sufficient abandonment of the appeal.

The Court concluded that the applicant had effectively abandoned the appeal by informing the Registrar of her intention not to proceed. Despite the absence of a formal notice of abandonment, the Court considered the circumstances, including the applicant's communication and the Registrar's advice that the appeal would likely be struck out if she did not attend. The Court found that the applicant's actions were sufficient to indicate an abandonment of the appeal. Consequently, the application for leave to appeal against the sentence was dismissed.

Orders