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Practice Note No. 76

REPEALED - Court of Criminal Appeal


Date:
02/03/1993







    PRACTICE NOTE NO 76

    COURT OF CRIMINAL APPEAL


    Written Submissions


    Purpose of Practice Note

    1 The purpose of this Practice Note is to record the practice of filing written submissions in relation to appeals to the Court of Criminal Appeal against conviction and to extend this practice to applications for leave to appeal against sentence, Crown appeals against sentence, and other proceedings.


    Direction to File Written Submissions

    2 The Registrar, when fixing a date for the hearing of such appeals and applications, will ordinarily direct both the appellant or the applicant (as the case may be) and the respondent (where hereunder required) to file written submissions on or before particular dates prior to that hearing.

    3 In proceedings in which the Registrar has, prior to the date of this Practice Note, fixed a date for hearing, the direction referred to in paragraph 2 will be given in writing in the near future.


    Appeal Against Conviction

    4 In an appeal against conviction, the submissions by both the appellant and the Crown shall contain:
    (a) a brief statement in narrative form of the Crown case and of the case raised or put forward by the appellant at the trial;
    (b) an outline of the argument to be put in relation to each ground of appeal with:
    (i) the terms of that ground of appeal set out in full;
    (ii) page references to the transcript relating to any evidence referred to; and
    (iii) appropriate citations of authority relied upon for the propositions of law stated (including, where appropriate, page references); and
    (c) a separate list of any authorities to which it is expected that the members of the Court may have to turn during the argument.

    5 In an appeal against conviction the Crown shall file an index to the material evidence, a statement in summary form of the evidence of the material witnesses and a list of exhibits.


    Applications for Leave to Appeal Against Sentence

    6 In an application for leave to appeal against sentence, the applicant's submissions shall contain:
    (a) a brief statement in narrative form of the Crown case which led to the conviction, but only where such case is not sufficiently apparent from the sentencing judge's remarks on sentence;
    (b) a statement of the particular objections to the sentence and to the reasons of the sentencing judge which are to be argued;
    (c) a brief statement of the argument as to why leave to appeal should be granted; and
    (d) a separate list of any authorities to which it is expected that the members of the Court may have to turn during the argument.

    7 The Crown need not file written submissions in relation to applications for leave to appeal against sentence, but it may do so, and it should do so if it is suggested that there is some significant error of fact or principle in the applicant's submissions.



    Crown Appeal Against Sentence

    8 In a Crown appeal against sentence, the Crown's submissions shall contain:
    (a) a brief statement in narrative form of the Crown case which led to the conviction, but only where such case is not sufficiently apparent from the sentencing judge's remarks on sentence;
    (b) a statement of the particular objections to the sentence and to the reasons of the sentencing judge which are to be argued;
    (c) a brief statement of the argument as to why the Court should interfere with the sentence imposed (including, if appropriate, details of the range of sentences imposed in other relevant cases);
    (d) details of when and how the respondent was notified of the Crown's intention to appeal; and
    (e) a separate list of any authorities to which it is expected that the members of the Court may have to turn during the argument.

    9 The respondent need not file written submissions in relation to Crown appeals, but may do so, and should do so if it is suggested that there is some significant error of fact or principle in the Crown's submissions.


    Other Appeals Which Are Not Rehearings

    10 In cases stated for the determination of the Court and other proceedings in the nature of an appeal which is not a rehearing, the submissions of both parties are to contain:
    (a) a brief statement in narrative form of the factual background against which the questions are raised for the determination of the Court, but only where that background is not sufficiently apparent from the stated case or from some other document already filed;
    (b) an outline of the argument to be put in support of each question for determination with:
    (i) the terms of that question set out in full;
    (ii) page references to any transcript relating to any evidence referred to; and
    (iii) appropriate citations of authority relied upon for the propositions of law stated (including, where appropriate, page references); and
    (c) a separate list of any authorities to which it is expected that the members of the Court may have to turn during the argument.


    Appeals by Way of Rehearing

    11 In appeals which are to be heard in effect by way of rehearing, the submissions of the appellant are to contain:
    (a) a brief statement in narrative form of the prosecution case and of the case raised or put forward by the appellant at the trial;
    (b) a brief statement in narrative form of the facts which the appellant contends should have been found at first instance;
    (c) an outline of the argument to be put in relation to each ground of appeal with:
    (i) the terms of that ground of appeal set out in full;
    (ii) page references to the transcript relating to any evidence referred to; and
    (iii) appropriate citations of authority relied upon for the propositions of law stated (including, where appropriate, page references); and
    (d) an index to the material evidence and a list of exhibits;
    (e) a separate list of any authorities to which it is expected that the members of the Court may have to turn during the argument.

    12 The submissions of the respondent are to contain:
    (a) a brief statement in narrative form of the prosecution case and of the case raised or put forward by the appellant at the trial;
    (b) an outline of the argument to be put in opposition to the appeal, with page references to the transcript relating to any evidence referred to and with appropriate citations of authority for the propositions of law stated (including, where appropriate, page references); and
    (c) a separate list of any authorities to which it is expected that the members of the Court may have to turn during the argument.


    Other Applications

    13 In other applications, the submissions of the applicant shall contain:
    (a) a brief statement in narrative form of the factual background against which the application is to be determined by the Court, in sufficient detail as to permit the application to be heard by the Court without the need to read any other material;
    (b) a statement as to the orders sought and (if expected that it will be of assistance to the Court) a brief outline of the argument to be put relating to each such order; and
    (c) a separate list of any authorities to which it is expected that the members of the Court may have to turn during the argument.

    14 The respondent need not file written submissions in relation to such applications, but should do so where it is expected that they will be of assistance to the Court.


    List of Authorities

    15 Authorities cited in submissions which are not likely to be needed in Court should not be included in a list of authorities. The list should only include authorities to which it is expected the Court will have to turn during oral argument.

    16 Where reliance is to be placed on an authority which is unreported, the party citing that authority shall attach a copy of the unreported judgment to the list of authorities.

    17 Lists of authorities need not be filed at the same time as the written submissions but must be filed not later than one full working day before the hearing.


    Application of Practice Note

    18 This Practice Note applies to all proceedings in the Court of Criminal Appeal which are to be heard after 1 April 1993.


    A M GLEESON
    Chief Justice
    3 February 1993


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