R v Sommer

[2010] QCA 229

[2010] QCA 229

COURT OF APPEAL

MUIR JA
CHESTERMAN JA
MULLINS J

CA No 105 of 2010
SC No 24 of 2010

THE QUEEN

v

BENJAMIN LEONARD SOMMER  Applicant

BRISBANE

DATE 26/08/2010

JUDGMENT

No appearance by or on behalf of the applicant

MR D R KINSELLA, instructed by the Director of Public Prosecutions, for the respondent

MUIR JA:  When this matter was called for hearing there was no appearance by the applicant.  The matter was called three times and there was still no appearance.

It is appropriate in the circumstances then for the application to be struck out.

CHESTERMAN JA:  I agree.

MULLINS J:  I agree.

MUIR JA:  The order is that the application be struck out.