On an application for leave to appeal out of time, relevant prejudice is prejudice associated with the delay itself (such as the sentence having almost expired or lifestyle choices made in reliance on finality), not the prospect that the sentence could be increased on appeal. A one-day delay due to a mistake about the appeal period expiry, where the respondent was given prior notice of a possible appeal, will generally be insufficient to cause substantial prejudice.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.