Clark v R

[2015] NSWCCA 265

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. CRIMINAL LAW — appeals — Criminal Appeal Rules, r 50C — meaning of “any other power” in r 50C(5)
1. CRIMINAL LAW — appeals — Criminal Appeal Rules, r 50C — whether material misapprehension of fact or law not due to applicant’s default
1. ADMINISTRATIVE LAW — apprehension of bias — bias from sitting on previous cases involving applicant
1. ADMINISTRATIVE LAW — procedural fairness — access to legal documents in custody — whether reviewable in r 50C application

Quick Take

Rule 50C(5) of the Criminal Appeal Rules, which preserves 'any other power' of the Court to set aside or vary an order, does not provide a freestanding power to set aside orders independently of the requirements of r 50C itself. Attempts to remedy deficiencies in material presented at hearing, including by reference to documents not previously available due to custodial conditions, do not fall within the scope of r 50C.

Case Details

Citation[2015] NSWCCA 265

CourtNSWCCA

JurisdictionNew South Wales

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Cited by13

2023Applications by Peter Frederick Clark under Part 7 Crimes (Appeal and Review) Act 2001NSWSC 445
2022Clark v Attorney General for New South WalesNSWCA 231
2022Attorney General for New South Wales v Clark; Clark v State of New South WalesNSWSC 361
2021Application by Peter Frederick Clark pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)NSWSC 1364
and 9 more after sign-in

Relies on19

2015Miller v RNSWCCA 205
2015Bruce Edward Gall v R (No 2)NSWCCA 152
2014PFC v R (No.2)NSWCCA 241
2014Clark v RNSWCCA 236
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