ALRAMADAN v DIRECTOR OF PUBLIC PROSECUTIONS (NSW) (NO. 2) [2008] NSWCCA 69

New South Wales Court of Criminal Appeal

CITATION: ALRAMADAN v DIRECTOR OF PUBLIC PROSECUTIONS (NSW) (NO. 2) [2008] NSWCCA 69

HEARING DATE(S): 25 March 2008

JUDGMENT DATE: 27 March 2008

JUDGMENT OF: Basten JA at 1; Latham J at 1; Rothman J at 1

DECISION: Order made on 25 March 2008: Dismiss the appellant's application to reopen the appeal and set aside the order made by the Court on 23 November 2007 dismissing the appeal.

CATCHWORDS: CRIMINAL APPEAL – order entered – application to set aside or vary order within 14 days of entry of judgment – Criminal Appeal Rules r 50C(2) – power of Court to reopen appeal "as if the order had not been entered" - CRIMINAL APPEAL – reopening where orders not entered – criteria to be satisfied to justify reopening – misapprehension of fact or law materially affecting judgment in the appeal – further evidence – proposed reopening appeal to remedy deficiency in material presented at hearing

Criminal Appeal Act 1912 (NSW) LEGISLATION CITED: Criminal Appeal Rules (NSW), r 50C Criminal Appeal Rules (Amendment No. 1) 2007; GG No 116, 7/09/07, p 6888 Uniform Civil Procedure Rules (NSW), r 36.16

CATEGORY: Consequential orders

Alramadan v Director of Public Prosecutions (NSW) [2007] NSWCCA 322 Autodesk Inc v Dyason (No. 2) [1993] HCA 6; 176 CLR 300 CASES CITED : Elliott v The Queen; Blessington v The Queen [2007] HCA 51; 82 ALJR 82 Grierson v The Queen (1938) 60 CLR 431 Postiglione v The Queen (1997) 189 CLR 295

PARTIES: Rafid Ghani Alramadan (Appellant) Director of Public Prosecutions (NSW) (Respondent)