The principle that an accused is bound by the conduct of counsel at trial (R v Birks; TKWJ v The Queen) also applies in the context of appeals, such that concessions made by counsel during oral argument on appeal bind the applicant. An application under r 50C to reopen an appeal will not succeed where the alleged failure to address a ground resulted from counsel's own concession that the ground depended on other grounds. A factual error adopted by the Court from counsel's submissions will not warrant reopening unless it is material to the decision.
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