Clark v The Queen (No 4)

[2021] NSWCCA 67

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Clark v R (No 4) [2021] NSWCCA 67

Hearing dates:

On the papers

Date of orders:

14 April 2021

Decision date:

14 April 2021

Before:

Payne JA; Johnson J; Wilson J

Decision:

(1) Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused;

(2)   The notice of motion dated 12 April 2021 is dismissed.

Catchwords:

CRIME – appeals – leave to apply to set aside judgments and orders – further vexatious application – no issue of principle

Legislation Cited:

Criminal Appeal Rules (NSW), r 50C

Cases Cited:

Clark v R [2021] NSWCCA 8

Clark v R (No 2) [2021] NSWCCA 48

Clark v R (No 3) [2021] NSWCCA 64

Category:

Consequential orders

Parties:

Peter Frederick Clark (Applicant)

Representation:

Applicant in person

File Number(s):

2008/3811

Publication restriction:

Nil.

Judgment

1. THE COURT: On 12 April 2021, Mr Clark filed a notice of motion seeking orders under r 50C of the Criminal Appeal Rules (NSW). This is the third application made by Mr Clark under r 50C of the Criminal Appeal Rules seeking, inter alia, orders setting aside the judgment in Clark v R [2021] NSWCCA 8.

2. For the reasons given in Clark v R(No 2) [2021] NSWCCA 48 and Clark v R (No 3) [2021] NSWCCA 64 the application is vexatious and must be dismissed. The orders of the Court are:

1. Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused;

2. The notice of motion dated 12 April 2021 is dismissed.

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Decision last updated: 14 April 2021