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The High Court refused to restore a withdrawn criminal appeal, finding the applicant showed no sufficient cause under section 371(3) of the CPA.
The applicant failed to prove sickness as a sufficient cause for delay, but established illegality in the curtailment of the right to legal representation, which is a sufficient ground for extension of time. The court exercised its discretion to grant the extension in the interest of justice.
Source excerpt
The Court of Appeal dismissed an application to restore a withdrawn criminal appeal, finding no proof that the withdrawal was induced by fraud or mistake.
The High Court struck out an application to enlarge time for appeal, holding that restoration of a withdrawn Court of Appeal appeal must be sought under Rule 77(3).
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