When seeking an extension of time to appeal against sentence, the applicant must demonstrate something beyond the presence of factors that would be sufficient to vary the sentence if the application had been brought within time. An assumption that appeal rights have been exhausted, without investigation, does not constitute a strong explanation for delay. Risk of institutionalisation is not a factor a sentencing judge is legally obliged to consider as a special circumstance under s 44 of the Crimes (Sentencing Procedure) Act 1999.
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