Where there has been a substantial and unexplained delay in lodging a criminal appeal (here, over 15-18 months), the applicant must demonstrate a strongly arguable case on appeal or a very clear case of miscarriage of justice. Bare assertions from the Bar table about advice from former legal representatives, without corroboration, may be insufficient to explain delay. The ten-factor framework from R v [name withheld] governs applications for leave to appeal out of time in the ACT.
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