Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: PFC v R (No.2) [2014] NSWCCA 241 Hearing dates: 23/10/2014 Decision date: 30 October 2014 Before: Fullerton J
R A Hulme J
Garling JDecision: Application pursuant to Rule 50C of the Criminal Appeal Rules to vary the orders entered by the Court of Criminal Appeal on 15 December 2011 dismissed.
Catchwords: CRIMINAL LAW - appeal - procedure - reconstitution of the Court; application for - apprehended bias, whether - remarks in case management hearing - lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question being decided, whether - no apprehended bias CRIMINAL LAW - appeal - procedure - leave to vary orders of Court of Criminal Appeal; application for - Criminal Appeal Rules; Rule 50C -- whether Court proceeded on a misapprehension of fact or law - misapprehensions of law - fraud exception to finality of litigation, whether - access to documents - no misapprehension of law - misapprehension of Court of Criminal Appeal in considering whether the convictions were unsafe or unsatisfactory, whether - misapplication of the principles in SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400, whether - correct application - misapprehensions of fact - multiple documents - not tendered at trial - not put before Court as fresh evidence - no misapprehension of any fact on material before the Court - attempt to reargue unsuccessful appeal - representation at trial - dealt with comprehensively by Court of Criminal Appeal - attempt to reargue unsuccessful appeal Legislation Cited: Criminal Appeal Act 1912
Family Law Act 1975 (Cth)
Supreme Court Act 1970Cases Cited: Achurch v The Queen [2014] HCA 10, (2014) 88 ALJR 490
Akkawi v R (No.2) [2013] NSWCCA 72
Alramadan v Director of Public Prosecutions (NSW) (No.2) [2008] NSWCCA 69
Baghdadi v R (No. 2) [2012] NSWCCA 77
Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218
DJL v The Central Authority [2000] HCA 17; (2000) 201 CLR 226
Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337
Kauwenberghs v R [2009] NSWCCA 201
Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427
PFC v R [2011] NSWCCA 275
R v AB (No.2) [2011] NSWCCA 256
Regina v PFC [2011] NSWCCA 117.
SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400Category: Principal judgment Parties: PFC (Applicant)
The Crown (Respondent)Representation: Counsel:
In person (Applicant)
Ms N Williams (Respondent)
Solicitors:
Directors of Public Prosecutions (Respondent)
File Number(s): 2008/3811069 Publication restriction: Suppression of Applicant's Name Decision under appeal
- Jurisdiction:
- 9004
- Citation:
- PFC v R [2011] NSWCCA 275
- Date of Decision:
- 2011-12-15 00:00:00
- Before:
- Giles JA
Hoeben J
Hall J- File Number(s):
- 2008/3811069
Judgment
THE COURT: On 19 June 2009, after a trial before Norrish DCJ and a jury, on an indictment containing 29 counts, the…
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Details
- AGLC
- PFC v R (No 2) [2014] NSWCCA 241
- Case
- [2014] NSWCCA 241
- Decision Date
CaseChat Overview and Summary
The appeal was brought by the appellant, PFC, against the respondent, the Crown. The dispute centred on the appellant's challenge to his criminal convictions and the subsequent appeal process. The case was heard in the High Court of Australia. The appellant sought reconstitution of the Court, arguing that remarks made by a judge during a case management hearing could be perceived as biased by a lay observer. Additionally, the appellant applied for leave to vary orders of the Court of Criminal Appeal, contending that the Court had proceeded on a misapprehension of fact or law.
The court examined whether the judge's remarks constituted apprehended bias. The court held that a lay observer would not reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question being decided. Therefore, there was no apprehended bias. Regarding the application for leave to vary orders, the court found no misapprehension of law by the Court of Criminal Appeal. The court also determined that there was no misapplication of the principles in SKA v The Queen in the original appeal decision. The court concluded that the appellant was attempting to reargue an unsuccessful appeal and that the misapprehension of fact relied upon was not material before the Court. The appeal was dismissed.
The court's final orders were to dismiss the appellant's appeal, with no orders as to costs. The High Court confirmed that the original decisions of the Court of Criminal Appeal stood affirmed.
The court examined whether the judge's remarks constituted apprehended bias. The court held that a lay observer would not reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question being decided. Therefore, there was no apprehended bias. Regarding the application for leave to vary orders, the court found no misapprehension of law by the Court of Criminal Appeal. The court also determined that there was no misapplication of the principles in SKA v The Queen in the original appeal decision. The court concluded that the appellant was attempting to reargue an unsuccessful appeal and that the misapprehension of fact relied upon was not material before the Court. The appeal was dismissed.
The court's final orders were to dismiss the appellant's appeal, with no orders as to costs. The High Court confirmed that the original decisions of the Court of Criminal Appeal stood affirmed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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