When considering an extension of time for a criminal appeal after a very long delay, the court must weigh whether the error would entitle the applicant to an acquittal or merely a new trial, whether a fair retrial is possible, whether the sentence has been served, whether there is ongoing harm from the conviction, and the powerful considerations supporting finality of judicial decisions. General findings of a Royal Commission concerning a police unit are insufficient without specific evidence connecting the corruption to the particular case. Evidence from the Royal Commission that is notably vague or falls short of suggesting fabrication of plain admissions of guilt will not satisfy the Gallagher test.
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