Fantakis v R (No 3) [2023] NSWCCA 35

Fantakis v R (No 3) [2023] NSWCCA 35

Leave to bring an application to set aside or vary the judgment was refused because no appeal against sentence had been brought, the issues raised had been determined in earlier judgments, and the application improperly sought to re-argue matters or challenge adequacy of reasons rather than identify proper grounds for variation.

Parties
Applicant: Elefterios (Terry) Fantakis; Respondent: Rex
Jurisdiction
Australia
Judgment Date
27 February 2023
Procedural Posture
Criminal / Application for Leave to Set Aside or Vary Judgment
Outcome
Leave to bring the application refused
Legal Topics
Application to Set Aside/vary Judgment, Conviction Appeal, Leave to Appeal
Criminal Law Application to Set Aside/vary Judgment Conviction Appeal Leave to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Elefterios (Terry) Fantakis

Applicant

Rex

Respondent

Procedural Posture

Criminal / Application for Leave to Set Aside or Vary Judgment

Legal Issues

  1. 1 Whether leave should be granted to set aside or vary the judgment dismissing application to set aside or vary previous conviction appeal judgment
  2. 2 Whether alleged error during sentencing is a proper basis for setting aside or varying judgment when no appeal against sentence was made
  3. 3 Whether Court failed to address arguments regarding conflicting hypotheses and unanimity direction

Ratio Decidendi

Leave to bring an application to set aside or vary the judgment was refused because no appeal against sentence had been brought, the issues raised had been determined in earlier judgments, and the application improperly sought to re-argue matters or challenge adequacy of reasons rather than identify proper grounds for variation.

Court Disposition

Leave to bring the application refused

Orders

  • Leave to bring the present application is refused.
  • If leave had been granted, the application to set aside or vary the judgment published on 15 February 2023 would be dismissed.