24 Nov 2011
BURCHELL v R SC 95/2011
- Citation
- SC 95/2011
- Court
- Supreme Court
Leave to appeal out of time was refused because the appeals were excessively delayed without explanation and would not satisfy the leave criteria as they sought to re‑litigate factual findings already considered by the Court of Appeal; the transcript challenge had no prospect of success given absence of trial objection, the applicant's sentencing acknowledgment and the judge's reference to a jury verdict; the Court has no jurisdiction to hear sentence appeals because the sentences have been served under s 383A(3) Crimes Act 1961.