O'Rafferty v R [No 2]

(2014) 291 FLR 93; [2014] ACTCA 52

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Criminal appeal
3. › Re-opening of appeal after orders perfected
4. › Unfinished appeal where ground not addressed
5. › Whether court has jurisdiction to re-open
6. › Whether slip rule available
7. › Whether appeal can be re-opened by consent
8. › Court Procedures Rules 2006 (ACT), rr 1613(2), 5001(1), 5001(2), 5001(3)
1. Practice and Procedure
2. › Finality of litigation
3. › Perfected orders
4. › Power to set aside perfected orders by consent
5. › Distinction between civil and criminal proceedings
6. › Court Procedures Rules 2006 (ACT), rr 1613(2), 5001(1), 5001(2), 5001(3)
1. Practice and Procedure
2. › Slip rule
3. › Scope of slip rule
4. › Whether slip rule permits reconsideration of substance of decision
5. › Whether available to address inadvertent omission to consider appeal ground

Quick Take

In the ACT, a criminal appeal cannot be re-opened after orders have been perfected, even where the court has inadvertently failed to address a ground of appeal, even with the consent of both parties, and even where the interests of justice favour re-opening. The only recourse is an application to the High Court. The slip rule cannot be used to address an omission to consider an appeal ground where the original orders correctly recorded the court's intention at the time. Practitioners should ensure all appeal grounds are addressed before orders are perfected.