Simmons v R (No 2) [2020] NSWCCA 29

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Simmons v R (No 2) [2020] NSWCCA 29 Hearing dates: On the papers Decision date: 04 March 2020 Before: Macfarlan JA; Adamson J; Beech-Jones J Decision: Application for leave pursuant to r 50C of the Criminal Appeal Rules (NSW) to vary the orders entered by the Court of Criminal Appeal on 14 February 2020 refused. Catchwords: CRIME — Appeals — Criminal Appeal Rules — application for leave to set aside or vary an order — whether the Court failed to consider a ground of appeal — bound by conduct of counsel

CRIME — Appeals — Criminal Appeal Rules — application for leave to set aside or vary an order — whether error adopted by the Court from Crown submissions is material — leave refused Legislation Cited: Criminal Appeal Rules (NSW), r 50C Cases Cited: Baghdadi v R (No 2) [2012] NSWCCA 77 Kauwenberghs v R (Cth) [2009] NSWCCA 201 Miller v R (No 2) [2016] NSWCCA 158; (2016) 260 A Crim R 554 R v Birks (1990) 19 NSWLR 677 Simmons v R [2020] NSWCCA 16 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Category: Consequential orders (other than Costs) Parties: Fletcher Simmons (Applicant) Regina (Respondent) Representation: Solicitors: Legal Aid NSW (Applicant) Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2016/325678 Decision under appeal Court or tribunal: Court of Criminal Appeal Citation: Simmons v R [2020] NSWCCA 16 Date of Decision: 14 February 2020 Before: Macfarlan JA; Adamson J; Beech-Jones J File Number(s): 2016/325678