Where an extension of time to appeal is sought after significant delay, the applicant bears an onus to adduce evidence fully explaining the delay, including a clear articulation of steps taken to prosecute the appeal and a comprehensive explanation for periods of inactivity. The repeal of ss 78K and 78L of the Crimes Act 1900 (NSW) does not mandate leniency; it is one factor in sentencing, and considerations of punishment, retribution and deterrence retain significance where the offending involved exploitation of young persons by adults in positions of trust.
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