Riddell v R [2023] NSWCCA 167

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Riddell v R [2023] NSWCCA 167 Hearing dates: 26 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Before: Wright J Decision: (1) Subject to order (2), Mr Riddell's application for leave to appeal against conviction and sentence out of time dated 5 April 2022 is dismissed in whole, but this order is not to take effect until 9 February 2024. (2) If Mr Riddell files and serves submissions on his 15 grounds of appeal (including a summary identifying the material relied upon in support of each of those grounds) of not more than 200 pages on or before 7 February 2024, the preceding order (1) is discharged. (3) The proceedings are listed for directions before the Registrar on 8 February 2024. (4) The parties have liberty to apply on 3 days' notice. Catchwords: CRIMINAL APPEAL – Application for leave to appeal out of time – Case management – Directions for the timely and efficient conduct of proceedings – Failure to prosecute appeal diligently– Failure to comply with direction to file a summary of submission not exceeding 200 pages – Proceedings dismissed but dismissal order not to take effect for a period to allow applicant further time to comply with direction Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 22(1)(i),(l) Criminal Code Act 1995 (Cth), s 11.5(1) Customs Act 1901 (Cth), s 23B(1)(b) Supreme Court (Criminal Appeal) Rules 2021, r 4.1 Cases Cited: Riddell v R (No. 2) [2016] NSWCCA 74 Riddell v R (No. 3) [2017] NSWCCA 92 Riddell v R [2016] NSWCCA 70 Riddell v R [2022] NSWCCA 198 Riddell v R [2022] NSWSC 1581 Riddell v The Queen [2022] HCASL 81 State Pollution Control Commission v Australian Iron & Steel Pty Ltd (1993) 29 NSWLR 487 Category: Procedural rulings Parties: Andrew Phillip Riddell (Applicant) Rex (Respondent) Representation: Applicant in person