The Court of Appeal granted an extension of time and allowed the appeal to the limited extent of directing that 243 days spent on remand pending the original appeal be counted as time served under the murder sentence. The applicant had elected remand prisoner status without understanding that under s 76(3)(b) of the Corrective Services Act 1988 and s 671 of the Criminal Code, that time would not otherwise count toward the sentence. The Court reiterated its recommendation from Pilkington that this recurring problem be addressed by legislative intervention.
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