WO v R [2011] NSWCCA 232

WO v R [2011] NSWCCA 232

The application failed as the fresh evidence did not go to the substance of the allegations or credit of the complainant, the explanation for the delay was unsatisfactory, and the material provided no reasonable prospect of success on appeal.

Jurisdiction
Australia
Judgment Date
07 October 2011
Procedural Posture
Criminal / Application for Extension of Time to Appeal Conviction
Outcome
Application to extend time dismissed
Legal Topics
['extension of Time' 'appeal Against Conviction' 'fresh Evidence' 'prospects of Success']
['criminal Law' 'appellate Procedure'] ['extension of Time' 'appeal Against Conviction' 'fresh Evidence' 'prospects of Success']

Case Brief

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Procedural Posture

Criminal / Application for Extension of Time to Appeal Conviction

Legal Issues

  1. 1 ['Whether the application provided sufficient explanation for the delay in filing the notice of appeal' 'Whether the fresh evidence raised a reasonable prospect of success on appeal']

Ratio Decidendi

The application failed as the fresh evidence did not go to the substance of the allegations or credit of the complainant, the explanation for the delay was unsatisfactory, and the material provided no reasonable prospect of success on appeal.

Court Disposition

Application to extend time dismissed

Orders

  • ['Application to extend further the time to file a notice of appeal be dismissed.']