Burrell v The Queen

Criminal law – Appeal and new trial - Orders dismissing appeals formally recorded - Reasons for judgment contained substantial factual errors - Whether superior court of record can reopen proceedings after its orders disposing appeals formally recorded - Whether power to reopen appeals - Finality of litigation - Procedural fairness.

Criminal Practice – Court of Criminal Appeal (NSW) - Appeal - Power to reopen proceedings after orders disposing of appeals formally recorded - Finality of litigation - Avoidance of injustice to parties - Procedural fairness.

Courts – Court of Criminal Appeal (NSW) - Appeal - Reasons for judgment contained substantial factual errors - Power to reopen proceedings after orders disposing appeals formally recorded - Relevance of status and general powers of Court - Whether implied or inherent powers to avoid injustice to parties suffice to sustain orders reopening proceedings.

Words and phrases – "finality", "perfecting", "procedural fairness", "reopen", "superior court of record".

Criminal Appeal Act 1912 (NSW) – ss 3-23.

Criminal Appeal Rules 1952 (NSW) – rr 51, 53.