A Court of Criminal Appeal has jurisdiction to reopen and set aside a perfected interlocutory order refusing leave to appeal where the order was based on a factual misapprehension shared by the parties and the Court. This jurisdiction derives from the court's inherent power to prevent injustice, supported by s 8(1) of the Supreme Court of Queensland Act 1991. The principle in Grierson v R, that a Court of Criminal Appeal cannot reopen a finally determined appeal, does not apply to interlocutory orders such as refusals of leave to appeal.
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