Dickson v R (No 3) [2018] NSWCCA 242

Dickson v R (No 3) [2018] NSWCCA 242

Although Mr Dickson's application was filed within 14 days of the judgment of 27 August 2018 so that the Court had power to set that judgment aside, the Court had no power to set aside the judgment of 10 June 2016 and Mr Dickson identified no arguable basis to doubt the correctness of the conclusion that the Court had no jurisdiction to set aside the earlier judgment disposing of the appeal.

Jurisdiction
Australia
Judgment Date
26 October 2018
Procedural Posture
Application to Set Aside Previous Court of Criminal Appeal Judgment and Re Open Appeal / Court of Criminal Appeal Application Dealt With on the Papers
Outcome
Application dismissed.
Legal Topics
['application to Set Aside Judgment' 're Opening Appeal' 'jurisdiction of Court of Criminal Appeal' 'criminal Appeal Rules 1912 (nsw), R 50 C']
['criminal Procedure' 'appeal'] ['application to Set Aside Judgment' 're Opening Appeal' 'jurisdiction of Court of Criminal Appeal' 'criminal Appeal Rules 1912 (nsw), R 50 C']

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Procedural Posture

Application to Set Aside Previous Court of Criminal Appeal Judgment and Re Open Appeal / Court of Criminal Appeal Application Dealt With on the Papers

Legal Issues

  1. 1 ["Whether the Court should set aside its judgment of 27 August 2018 dismissing Mr Dickson's application to re-open the appeal." 'Whether the Court had jurisdiction to set aside the earlier judgment of 10 June 2016 disposing of the appeal.']

Ratio Decidendi

Although Mr Dickson's application was filed within 14 days of the judgment of 27 August 2018 so that the Court had power to set that judgment aside, the Court had no power to set aside the judgment of 10 June 2016 and Mr Dickson identified no arguable basis to doubt the correctness of the conclusion that the Court had no jurisdiction to set aside the earlier judgment disposing of the appeal.

Court Disposition

Application dismissed.

Orders

  • ["Order that Mr Dickson's application of 10 September 2018 be dealt with on the papers and be dismissed."]