Langelaar v R (No 2)

[2017] NSWCCA 228

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals
3. › Court of Criminal Appeal
4. › Application to set aside or vary orders after entry
5. › Whether applicant demonstrated misapprehension of fact or law
6. › Whether application constituted impermissible re-agitation of arguments
7. › Criminal Appeal Rules, r 50C
1. Practice and Procedure
2. › Finality of litigation
3. › Power to reopen concluded proceedings
4. › Scope of power to set aside or vary entered orders
5. › Intermediate appellate court exercising power with greater parsimony than final court of appeal
6. › Criminal Appeal Rules, r 50C
7. › UCPR r 36.16

Quick Take

The power under r 50C of the Criminal Appeal Rules to set aside or vary entered orders must be exercised with even greater parsimony by the NSWCCA than the analogous power exercised by the High Court, because errors of the intermediate court may be corrected on appeal to the High Court. Recasting grounds of appeal or raising entirely new complaints that were not previously advanced cannot engage the Autodesk principle, as no misapprehension of fact or law can arise in relation to matters never put to the Court.