Rule 50C of the Criminal Appeal Rules does not permit reopening of an appeal to raise matters that could and should have been raised at trial or on appeal. An application to reopen based on a challenge to evidence that was accepted as accurate at trial and on appeal does not constitute a misapprehension of fact within the meaning of the rule, and any such misapprehension is solely attributable to the applicant's neglect or default.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
7 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.