Application of Ainsley Whitney [2020] NSWCCA 146

Application of Ainsley Whitney [2020] NSWCCA 146

Although the Court did refer to an aspect of the superseded Facts in its earlier judgment, the misapprehension did not materially affect the determination of the applicant’s rejected grounds of appeal once reconsidered solely on the admissible facts. Accordingly, there was no basis for setting aside or varying the previous orders.

Parties
Applicant: Ainsley Whitney; Crown: Regina
Jurisdiction
Australia
Judgment Date
02 July 2020
Procedural Posture
Criminal Appeal / Application for Leave to Set Aside or Vary Prior Judgment
Outcome
Application dismissed after leave granted
Legal Topics
Sentencing Appeals, Rule 50 C Applications, Error of Fact, Objective Seriousness, Parity Principle
Criminal Law Sentencing Appeals Rule 50 C Applications Error of Fact Objective Seriousness Parity Principle

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Parties

Ainsley Whitney

Applicant

Regina

Crown

Procedural Posture

Criminal Appeal / Application for Leave to Set Aside or Vary Prior Judgment

Legal Issues

  1. 1 Whether the Court relied on inadmissible or superseded factual material in its previous judgment
  2. 2 Whether any factual error materially affected the determination of the appeal grounds under r 50C of the Criminal Appeal Rules (NSW)

Ratio Decidendi

Although the Court did refer to an aspect of the superseded Facts in its earlier judgment, the misapprehension did not materially affect the determination of the applicant’s rejected grounds of appeal once reconsidered solely on the admissible facts. Accordingly, there was no basis for setting aside or varying the previous orders.

Court Disposition

Application dismissed after leave granted

Orders

  • Leave to apply to set aside or vary the judgment given on 15 April 2020 is granted.
  • The application is dismissed.