The Court of Appeal ([name withheld]) dismissed an application for an urgent appeal order in a criminal matter, applying the factors identified in Wheeler v The Queen [2010] WASCA 2. The refusal was based on the lack of apparent merit in the grounds of appeal, the appellant not being in custody and having completed his non-custodial sentence, the likelihood of a substantive hearing within approximately three months, and insufficient prejudice from the conviction to justify expedition. The application for leave to adduce additional material was referred to the substantive hearing of the application for an extension of time for leave to appeal.
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