Clark v R (No 2) [2015] NSWCCA 271

Clark v R (No 2) [2015] NSWCCA 271

The application was dismissed because it simply sought to re-litigate issues already decided adversely to the applicant in previous proceedings, there was no reason to doubt the correctness of those judgments, and the application was vexatious.

Jurisdiction
Australia
Judgment Date
16 October 2015
Procedural Posture
Criminal Appeal Application Under R 50 C of the Criminal Appeal Rules 1912 (nsw) / Application on the Papers to Set Aside a Judgment Refusing an Application to Set Aside a Judgment
Outcome
Application dismissed
Legal Topics
['criminal Appeal' 'r 50 C Criminal Appeal Rules' 'application to Set Aside Judgment' 'vexatious Application' 'child Sexual Offences']
['criminal Law' 'criminal Procedure'] ['criminal Appeal' 'r 50 C Criminal Appeal Rules' 'application to Set Aside Judgment' 'vexatious Application' 'child Sexual Offences']

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Procedural Posture

Criminal Appeal Application Under R 50 C of the Criminal Appeal Rules 1912 (nsw) / Application on the Papers to Set Aside a Judgment Refusing an Application to Set Aside a Judgment

Legal Issues

  1. 1 ['Whether the Court should set aside its judgment of 6 October 2015 in Clark v R [2015] NSWCCA 265 under r 50C of the Criminal Appeal Rules.' "Whether the applicant's renewed challenge to his conviction for aggravated sexual intercourse with child between 14-16 under s 66C(4) of the Crimes Act 1900 (NSW) raised any matter warranting reconsideration."]

Ratio Decidendi

The application was dismissed because it simply sought to re-litigate issues already decided adversely to the applicant in previous proceedings, there was no reason to doubt the correctness of those judgments, and the application was vexatious.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']