A satisfactory explanation for failure to serve a notice of appeal within time under s.567A(3) of the Crimes Act 1958 (Vic) is a relevant but not determinative factor; the discretion must be exercised by weighing all circumstances including prejudice, promptness of the application, genuine attempts at service, and the public interest in the appeal. Administrative errors in using outdated addresses, while not satisfactory, may be outweighed by other factors favouring the grant of leave, particularly where no custodial sentence is at stake and no prejudice beyond loss of finality is claimed.
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