Corliss v R (No. 2)

[2020] NSWCCA 180

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence appeal
3. › Application to set aside judgment and orders
4. › Rule 50C Criminal Appeal Rules
5. › Whether jurisdiction to reconsider appeal
6. › Whether application amounted to impermissible re-agitation of unsuccessful appeal
7. › Whether leave should be granted
1. Practice and Procedure
2. › Judgments and orders
3. › Power to set aside or vary
4. › Slip rule
5. › Whether dissenting judgment in appellate court constitutes a 'slip' warranting correction
6. › Criminal Appeal Rules, r 50C

Quick Take

Rule 50C of the Criminal Appeal Rules cannot be used to seek to have a dissenting judgment replace the majority judgment on appeal. The existence of a dissent does not constitute a 'slip' or 'misapprehension' warranting reconsideration under Rule 50C. Obiter dicta in an appellate judgment that played no part in the determination to dismiss an appeal cannot form the basis of a Rule 50C application.