Where the Court of Appeal merely varies a sentence on appeal without quashing and substituting it, the court that 'imposed' the sentence for the purposes of s 188(1)(c) of the Penalties and Sentences Act 1992 (Qld) remains the court below. Applications to reopen must be directed to that court. An applicant who was aware of alleged factual errors at the time of sentencing and appeal, and whose legal representatives chose not to adduce evidence on the point, cannot rely on those same matters in a reopening application years later.
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