The failure to take exception at trial to a supposed error in the judge's charge presents a serious obstacle to raising the matter on appeal, and is cogent evidence that counsel saw no injustice or error. Late applications to add new grounds of appeal require consideration of the prospects of success, the failure to take exception, the lateness of the application, and the Crown's position. For young first offenders with strong rehabilitation prospects and vulnerability in the adult prison system, detention in a youth training centre rather than imprisonment may be clearly appropriate.
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