An applicant who was aware of the right to appeal but chose not to exercise it for over eight months, only deciding to appeal after discussions with fellow prisoners, will not be granted an extension of time, particularly where the proposed appeal lacks merit. A 13-year sentence for a premeditated, violent rape committed during a home invasion falls within the established range and is not manifestly excessive. Section 15 of the Penalties and Sentences Act 1992 (Qld) reversed the effect of Barbaro v The Queen, permitting prosecution submissions on sentencing range.
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