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Generally the provisions for the execution of ordinary search warrants described above apply: This general rule is subject to some statutory and common law exceptions. Where a defendant has been refused legal aid there is a right of appeal to the Legal Aid Review Committee s. For Commonwealth matters see also the Commonwealth Criminal Code, section 4. Substantial Reasons For other types of offences, the magistrate should not require a witness to give evidence unless there are 'substantial' reasons in the interests of justice: It is not necessary to establish that the the sentence was manifestly excessive:

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In stealing or fraud cases the jury may be asked to find not only that the person intended to do the act but that the intention was fraudulent or dishonest:

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Masters 59 A Crim R at Currently the Court of Criminal Appeal is being fairly ruthless about enforcing the 6 month time limit, and it is strongly recommended that practitioners enter the expiry date of the Notice of Intention to Appeal in their diaries. This ground will be made out when the court on its own assessment of the evidence concludes that it was not open to the jury to be satisfied beyond reasonable doubt: The search warrant must record on its face the offence to which the investigation related: A written statement of reasons should be kept by the Chief Executive Officer s. Legal professional privilege does apply: In stealing or fraud cases the jury may be asked to find not only that the person intended to do the act but that the intention was fraudulent or dishonest:

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