In NSW, where the Court of Criminal Appeal refuses leave to appeal (as distinct from granting leave and dismissing the appeal), the applicant is not precluded from bringing a second application for leave to appeal on new grounds, such as a subsequently emerging sentencing disparity with a co-offender. The Grierson principle barring second appeals applies only where an appeal has been dismissed on the merits. Practitioners should ensure that where a co-offender remains to be sentenced, the appropriate order sought is refusal of leave rather than dismissal of the appeal.
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