Nektario Zafiratos v R [2016] NSWCCA 152

Nektario Zafiratos v R [2016] NSWCCA 152

The applicant failed to provide an adequate explanation for the delay and advanced no ground of appeal that would render refusal of an extension a miscarriage of justice; thus, the extension of time was refused.

Jurisdiction
Australia
Judgment Date
03 August 2016
Procedural Posture
Criminal / Application for Extension of Time to Seek Leave to Appeal Interlocutory Order
Outcome
Application for an extension of time to appeal under s 5F(3) of the Criminal Appeal Act 1912 (NSW) is refused.
Legal Topics
['application for Extension of Time' 'leave to Appeal' 'interlocutory Orders' 'withdrawal of Plea' 'miscarriage of Justice']
['criminal Law'] ['application for Extension of Time' 'leave to Appeal' 'interlocutory Orders' 'withdrawal of Plea' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal / Application for Extension of Time to Seek Leave to Appeal Interlocutory Order

Legal Issues

  1. 1 ['Whether an extension of time should be granted to seek leave to appeal under s 5F(3) of the Criminal Appeal Act 1912 (NSW)' 'Whether satisfactory explanation exists for delay in filing application' 'Whether refusal to extend time would result in a miscarriage of justice']

Ratio Decidendi

The applicant failed to provide an adequate explanation for the delay and advanced no ground of appeal that would render refusal of an extension a miscarriage of justice; thus, the extension of time was refused.

Court Disposition

Application for an extension of time to appeal under s 5F(3) of the Criminal Appeal Act 1912 (NSW) is refused.

Orders

  • ['Application for extension of time refused']