Burrell v The Queen [2008] HCA 34

Burrell v The Queen [2008] HCA 34

The High Court held that the Court of Criminal Appeal did not have power to reopen the appeals after its orders had been formally recorded, as neither the Criminal Appeal Act 1912 (NSW) nor the Criminal Appeal Rules provided such a power, and no exception (such as denial of procedural fairness) applied. Both the original and the purported confirming orders were made without jurisdiction. The appropriate course was to set aside both and remit the matter for rehearing.

Parties
Appellant/applicant: Bruce Burrell; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
31 July 2008
Procedural Posture
Criminal Appeal / High Court Appeal From Supreme Court of New South Wales (court of Criminal Appeal)
Outcome
appeal allowed
Legal Topics
Appeal Powers, Finality of Litigation, Jurisdiction and Powers of Courts, Procedural Fairness, Correction of Court Orders
Criminal Law Appellate Procedure Courts and Judicial Process Appeal Powers Finality of Litigation Jurisdiction and Powers of Courts Procedural Fairness Correction of Court Orders

Case Brief

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Parties

Bruce Burrell

Appellant/applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / High Court Appeal From Supreme Court of New South Wales (court of Criminal Appeal)

Legal Issues

  1. 1 Whether the Court of Criminal Appeal had power to reopen and reconsider appeals after its orders disposing of appeals had been formally recorded
  2. 2 Whether superior courts of record possess implied or inherent power to reopen proceedings to correct substantial factual errors found in reasons for judgment after orders have been entered
  3. 3 Procedural fairness in the context of formalizing appellate court orders

Ratio Decidendi

The High Court held that the Court of Criminal Appeal did not have power to reopen the appeals after its orders had been formally recorded, as neither the Criminal Appeal Act 1912 (NSW) nor the Criminal Appeal Rules provided such a power, and no exception (such as denial of procedural fairness) applied. Both the original and the purported confirming orders were made without jurisdiction. The appropriate course was to set aside both and remit the matter for rehearing.

Court Disposition

appeal allowed

Orders

  • Dismiss so much of the appellant's applications for special leave to appeal to this Court on grounds other than those upon which the appeals to this Court are founded.
  • Appeals allowed.