[2005] QCA 343
COURT OF APPEAL
McPHERSON JA
CULLINANE J
JONES J
CA No 117 of 2005
THE QUEEN
v.
SARA JANE RUDDELL Applicant
BRISBANE
..DATE 20/09/2005
ORDER
McPHERSON JA: The Court dismisses the appeal against conviction, that appeal having been abandoned.
...
McPHERSON JA: The applicant is given leave to amend the grounds of application for leave to appeal against sentence by incorporating paragraph 1 of the written outlines on her behalf.
...
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Details
- AGLC
- R v Ruddell [2005] QCA 343
- Case
- [2005] QCA 343
- Decision Date
CaseChat Overview and Summary
This appeal arose from a conviction of Sara Jane Ruddell, the applicant, who was found guilty in the lower court of an offence under the Criminal Code. The Court of Appeal, consisting of McPherson JA, Cullinane, and Jones JJ, heard the matter. The central issue before the Court was whether the appeal against conviction should be dismissed as it had been abandoned by the applicant. Additionally, the Court considered whether the applicant should be granted leave to amend her grounds for appeal against her sentence.
The Court held that the appeal against conviction was effectively abandoned by the applicant, as she did not pursue the appeal further after it was initially lodged. Consequently, the Court dismissed the appeal against conviction. Regarding the amendment of the grounds for appeal against sentence, the Court found that the proposed amendment, which incorporated paragraph 1 of the written outlines on the applicant’s behalf, was appropriate and granted the applicant leave to make the amendment.
The final orders of the Court were that the appeal against conviction was dismissed, and the applicant was granted leave to amend the grounds of application for leave to appeal against sentence by incorporating paragraph 1 of the written outlines on her behalf.
The Court held that the appeal against conviction was effectively abandoned by the applicant, as she did not pursue the appeal further after it was initially lodged. Consequently, the Court dismissed the appeal against conviction. Regarding the amendment of the grounds for appeal against sentence, the Court found that the proposed amendment, which incorporated paragraph 1 of the written outlines on the applicant’s behalf, was appropriate and granted the applicant leave to make the amendment.
The final orders of the Court were that the appeal against conviction was dismissed, and the applicant was granted leave to amend the grounds of application for leave to appeal against sentence by incorporating paragraph 1 of the written outlines on her behalf.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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