The 'exceptional circumstances' language from R v Lawrence (1980) 1 NSWLR 122 at 148 should not be treated as imposing a fetter on the discretion to extend time for criminal appeals; it operates as a warning that delay will not be automatically indulged. The two critical factors remain whether a satisfactory explanation for the delay is provided and whether merit has been demonstrated in the proposed grounds. A sentencing judge's failure to expressly refer to a guilty plea in remarks on sentence does not necessarily constitute error where the exchange between judge and counsel demonstrates awareness of the plea and the sentences imposed are consistent with a guideline based on a plea of guilty.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
4 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.