R v Ruddell

Case [2005] QCA 343


[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.

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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