An application under r 50C(2) of the Criminal Appeal Rules to vary orders after entry requires demonstration that the Court proceeded on a material misapprehension of fact or law not attributable to the applicant's neglect or default. Where the substance of all grounds of appeal was addressed in the judgment, discrepancies in the numbering or precise wording of grounds as set out in the judgment do not constitute a material misapprehension.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
9 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.