O'Grady v The Queen

[2014] HCA 38
Judgment date
Case number
S114/2014
Before
French CJ, Hayne, Bell, Gageler, Keane JJ
Catchwords

Criminal law – Appeal – Application to extend time within which to apply for leave to appeal against sentence – Principles to be applied in determining whether extension of time should be granted – Whether applicant required to demonstrate that refusal of application would occasion substantial injustice – Relevance of principle of finality – Relevance of prospect of success should extension be granted – Whether extension of time should be granted.

Words and phrases – "Abdul test", "principle of finality", "substantial injustice".

Criminal Appeal Act 1912 (NSW) – s 10(1)(b).

Criminal Appeal Rules (NSW) – rr 3A, 3B.

Files
38.rtf (111.44 KB)
38.pdf (28.22 KB)