When seeking an extension of time to appeal against sentence based on Muldrock error, the applicant must demonstrate more than that the sentencing judge committed Muldrock error and that the appeal would succeed if brought within time. The court must consider all relevant factors including the length of delay, reasons for delay, interests of the community and victim, and whether substantial injustice would result if the extension were refused. The discretion is unfettered and does not require 'exceptional circumstances', but the principle of finality applies with full force to sentence appeals. The assessment of prospects of success may be conducted in a more summary fashion than on a timely application.
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