Victorian Numbered Regulations

SUPREME COURT (CHAPTER VI AMENDMENT NO. 5) RULES 2004 (SR NO 33 OF 2004) - REG 15

r. 15

For Rule 2.13.1 of the Principal Rules substitute —

        "2.13.1     Crown appeals

    (1)     A notice of appeal by the Director of Public Prosecutions shall set out in full and precise terms the grounds of appeal on which the Director intends to rely upon the hearing of the appeal.

    (2)     As soon as practicable after serving notice of appeal, the Director of Public Prosecutions shall file an affidavit of service.

    (3)     Within one month after serving notice of appeal, the Director of Public Prosecutions shall file and serve—

        (a)     a summary of the proceedings thus far;

        (b)     a summary of the evidence;

        (c)     a summary of the issues raised by the appeal; and

        (d)     an outline of the Director's submissions to be made upon the appeal.

    (4)     Within one month after service of the documents referred to in paragraph (3), the respondent shall file and serve an outline of the respondent's submissions, if any, to be made upon the appeal.

    (5)     The notice of appeal may be amended only with leave of the Court of Appeal.

        2.13.2     Abandonment

    (1)     Subject to paragraph (3), an appeal (including an application for leave to appeal or a Crown appeal) or an application for extension of time may be abandoned at any time before the hearing of an appeal is commenced by filing with the Registrar a notice of abandonment in Form 6-2H.

    (2)     An appeal or application shall be taken to be dismissed on the date the notice of abandonment is filed.

    (3)     Except where the application is to be heard by a single Judge of Appeal under section 582 of the Act, an application for leave to appeal against sentence may not, without the leave of the Court, be abandoned less than three days before the day fixed for the hearing of the application.".