Both in relation to extension of time to appeal and leave to withdraw a notice of abandonment, a miscarriage of justice (whether in verdict or sentence) is of itself often sufficient to warrant the exercise of discretion in the applicant's favour, even where the explanation for the delay or abandonment is weak. The correct procedural approach where both issues arise is to consider first whether to grant leave to withdraw the notice of abandonment (including any necessary extension of time for the original application), and then whether to grant leave to appeal. In sentence appeals, there will often be no prejudice to the Crown from the delay.
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