The Court of Appeal held that a criminal appeal under s.567 of the Crimes Act 1958 (Vic) is strictly personal to the convicted person and cannot be pursued by an executor or personal representative after the applicant's death. Where an applicant for leave to appeal dies before the application is determined, the proper course is to dismiss the application. The Court noted, without resolving, that a different position may apply to references from the Executive Government under s.584 of the Crimes Act.
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