R v Sams

[2003] QCA 81

[2003] QCA 81

COURT OF APPEAL

McPHERSON JA
MACKENZIE J
PHILIPPIDES J

CA No 266 of 2002 CA No 304 of 2002

THE QUEEN

v.

STEPHEN JOHN SAMS	Appellant
BRISBANE ..DATE 03/03/2003
ORDER 03032003 T2/JAP M/T COA31/2003

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MR FEENEY (instructed by Bernard Bradley & Associates) for the applicant

MR B G CAMPBELL (instructed by Director of Public

Prosecutions) for the respondent

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McPHERSON JA: The Court has come to the conclusion that this is a case in which having regard to the fact that there is a need for an explanation of the notice of abandonment and its attempted withdrawal and for other reasons there should be a

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hearing of the appeal in this case.

We will therefore order that the application for adjournment be granted and that the appeal and the applications be heard on a date to be fixed. It will, of course, be necessary for

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the appellant, or applicant, to file an affidavit or
affidavits in support of his explanation for withdrawing the

appeal after it had been properly lodged.

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