El Ali v R (No 2) [2019] NSWCCA 289

El Ali v R (No 2) [2019] NSWCCA 289

The application to set aside or vary the prior judgment should be dismissed, as grounds 2 and 5 were either considered and rejected, or lacked merit. The Court had jurisdiction under r 50C, but no error or injustice was found warranting reopening or varying the judgment.

Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Criminal Appeal / Application to Set Aside or Vary Judgment/orders on Appeal
Outcome
Application to set aside or vary the orders dismissed after leave granted to apply.
Legal Topics
['criminal Procedure' 'appeal' 'judgment Finality' 'conspiracy' 'firearms Offences' 'stay of Proceedings' 'jury Directions']
['criminal Law'] ['criminal Procedure' 'appeal' 'judgment Finality' 'conspiracy' 'firearms Offences' 'stay of Proceedings' 'jury Directions']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Application to Set Aside or Vary Judgment/orders on Appeal

Legal Issues

  1. 1 ['Whether the Court had jurisdiction to set aside or vary its order under r 50C of the Criminal Appeal Rules after entry of orders' 'Whether the trial judge erred in refusing a pre-trial application to stay count 2 (conspiracy to possess firearms)' "Whether the judge erred in allowing the extended definition of 'sale' to be left to the jury for the purposes of s 51 and s 51B of the Firearms Act 1996 (NSW)"]

Ratio Decidendi

The application to set aside or vary the prior judgment should be dismissed, as grounds 2 and 5 were either considered and rejected, or lacked merit. The Court had jurisdiction under r 50C, but no error or injustice was found warranting reopening or varying the judgment.

Court Disposition

Application to set aside or vary the orders dismissed after leave granted to apply.

Orders

  • ['Grant the applicant leave to apply, pursuant to r 50C(1A) of the Criminal Appeal Rules, to set aside or vary the judgment given on 30 August 2019.' 'Having reconsidered the material proffered in support of grounds 2 and 5, dismiss the application to set aside or vary the orders.']