The CPR provisions requiring leave to appeal out of time do not extinguish the right of appeal under s 37E of the Supreme Court Act 1933 (ACT) but prescribe a different procedural pathway. A conviction is recorded no later than the date of sentencing, even where the trial judge does not expressly state that the accused is convicted. The right under s 22(4) of the Human Rights Act 2004 (ACT) to have a conviction reviewed is subject to procedural requirements including time limits. An accused bears an evidential burden under s 58(2) of the Criminal Code 2002 (ACT) to identify evidence capable of establishing that intoxication was not self-induced before the issue of involuntary intoxication will be left to the jury.
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