Merrilees v R

[2014] ACTCA 10

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Criminal appeal
3. › Leave to appeal out of time
4. › Application by DPP to refuse leave granted by Registrar
5. › Whether Court of Appeal hears application de novo
6. › Registrar not judicial officer with statutory independence
7. › Court Procedures Rules 2006 (ACT), r 5510
1. Appeal
2. › Criminal appeal
3. › Leave to appeal out of time
4. › Principles governing extension of time
5. › Prospects of success on appeal
6. › Whether miscarriage of justice if leave refused
7. › Supreme Court Act 1933 (ACT), s 370
1. Appeal
2. › Criminal appeal
3. › Unsafe and unsatisfactory verdict
4. › [name withheld] alone trial
5. › Appellate review of factual findings
6. › Credibility findings
7. › Reluctance to interfere with findings based on witness credibility

Quick Take

When the Registrar grants leave to appeal out of time under the Court Procedures Rules 2006 (ACT) and the DPP applies to the Court of Appeal under r 5510(2) to refuse that leave, the Court of Appeal hears the application de novo, not as an appeal from the Registrar. The applicant must make out the case for extension of time in the ordinary way, including demonstrating sufficient prospects of success.