An extension of time to appeal will be refused where the proposed appeal lacks merit, even where some explanation for delay is provided. Incarceration may explain delay but does not excuse a failure to articulate a viable defence, particularly where the applicant is a qualified lawyer. Where a co-defendant's interests may not have been adequately represented and there is doubt about the efficacy of service, the court may adjourn the application to permit that party to obtain independent legal assistance.
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