A court considering reinstatement of an abandoned criminal appeal under r 70 of the Criminal Practice Rules 1999 (Qld) will assess the reason for abandonment, any explanation for delay, and the prospects of success of the proposed appeal. A second application for leave to appeal against sentence, where the first was refused on the merits and no new grounds are advanced, will be refused as an abuse of process. The question whether such a second application is jurisdictionally barred (as held in R v Upson (No 2)) or merely subject to abuse of process principles (as held in Lowe v R) remains unresolved in Queensland.
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