A prior refusal of an application for extension of time to seek leave to appeal does not create a jurisdictional bar to a subsequent application, but provides a powerful discretionary basis for refusal. Where Muldrock error is conceded, the Court must re-exercise the sentencing discretion including its own assessment of objective seriousness, even where that assessment was not challenged by a separate ground of appeal. For solicit to murder offences, the lack of harm to the intended victim does not mitigate the offence, and the forgiveness or support of the victim cannot interfere with a proper exercise of the sentencing discretion.
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