Rule 50C(5) of the Criminal Appeal Rules does not confer jurisdiction to rehear an appeal on its merits and cannot be used where the application amounts to an appeal against the decision of the Court. The requirements in Wentworth v Rogers (No 5) for setting aside a judgment obtained by fraud require strict proof of newly discovered material facts, not mere allegations of perjury or prosecutorial misconduct. The question whether waiver of apprehended bias objections applies in criminal cases was left open.
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