The failure of a sentencing judge to use the precise words of s 13(3) of the Penalties and Sentences Act 1992 (Qld) does not invalidate the sentence; compliance may be inferred from the sentencing remarks as a whole. Where an applicant seeks an extension of time more than 20 years after conviction and sentence, an unexplained delay combined with lack of merit in the proposed appeal is sufficient to refuse the application. Whether the Court of Appeal has jurisdiction to hear a second application for leave to appeal sentence remains unresolved.
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