Fantakis v R (No 3)

[2023] NSWCCA 35

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Court of Criminal Appeal
4. › Application to set aside or vary judgment
5. › Successive applications
6. › Whether leave should be granted for second variation application
7. › Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 5.4
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside or varying
4. › Scope of power
5. › Whether complaint about adequacy of reasons is proper basis for variation application
6. › Whether application amounts to re-argument of appeal grounds

Quick Take

A complaint about the adequacy of the Court's reasoning or the correctness of its conclusions on an appeal ground is not a proper basis for an application to set aside or vary a judgment under r 5.4 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW). Such an application is not an opportunity to re-argue appeal grounds.