A discontinuance notice in a criminal appeal is a nullity where the appellant misunderstood its effect — specifically, where the appellant intended to pursue the appeal in person and did not appreciate that filing the notice would prevent this. The receipt of legal advice that the appeal was unlikely to succeed does not preclude a finding of nullity where the misunderstanding relates to the effect of the notice rather than the merits of the appeal. Legal practitioners filing discontinuance notices should ensure the appellant understands that the notice will preclude any further prosecution of the appeal.
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5 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.