Where there has been significant delay in filing a criminal appeal, even where the delay is entirely attributable to legal practitioners and the applicant always wished to appeal, the applicant must demonstrate a high likelihood of success — that the appeal would probably succeed. The unavailability of transcript, change of solicitors, or unavailability of counsel of choice does not excuse non-compliance with the 28-day time limit under the Criminal Procedure Act 2009 (Vic). A written explanation from the solicitors responsible for the delay is expected.
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