A conviction appeal cannot be brought as a cross-appeal to a Crown sentence appeal under r 5413 of the Court Procedures Rules 2006 (ACT); the two are different and separate orders requiring separate appeals. For the purposes of the 28-day time limit for appeal, a conviction in a trial by judge alone occurs on the date the judge finds the accused guilty and accepts the verdict, not on the date of sentencing. The paramount consideration in an application for extension of time to appeal a criminal conviction is whether there has been or will be a miscarriage of justice if leave is refused, assessed primarily through the prospects of success on appeal.
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