An appellant likely has a right to withdraw a criminal appeal at any stage, as neither the Criminal Appeal Act 1912 (NSW) nor the Criminal Appeal Rules require leave. Even if leave is required, it should be granted where there is no prejudice to the Crown and the appellant should not be forced to pursue an appeal against their will, particularly where they face a maximum sentence of life imprisonment. The Court of Criminal Appeal does not have jurisdiction to grant equitable relief or make declarations in the course of hearing a criminal appeal.
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