Langelaar v R (No 2) [2017] NSWCCA 228

The applicant has not demonstrated any misapprehension of fact or law affecting the previous decision and is impermissibly seeking to re-argue and recast grounds already considered by the Court; rule 50C Criminal Appeal Rules does not permit such re-argument, and leave to apply to set aside or vary the previous orders is refused.

Jurisdiction: Australia
Judgment Date: 25 September 2017
Procedural Posture: Criminal Appeal / Application for Leave to Set Aside or Vary Appellate Orders
Outcome: Leave to apply to set aside or vary the orders made on 22 July 2016 is refused.
Legal Topics: ['appeals' 'applications to Set Aside or Vary Orders' 'finality of Litigation' 'rule 50 C Criminal Appeal Rules']

['criminal Law'] ['appeals' 'applications to Set Aside or Vary Orders' 'finality of Litigation' 'rule 50 C Criminal Appeal Rules']

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Procedural Posture

Criminal Appeal / Application for Leave to Set Aside or Vary Appellate Orders

Legal Issues

1 ['Whether leave should be granted to set aside or vary orders pronounced on 22 July 2016 under rule 50C Criminal Appeal Rules' 'Whether applicant has demonstrated misapprehension of fact or law in the previous appellate judgment']

Ratio Decidendi

Court Disposition

Leave to apply to set aside or vary the orders made on 22 July 2016 is refused.

Orders

['The application for leave to set aside or vary the orders made on 22 July 2016 is refused.']