Aitchison v Director of Public Prosecutions (ACT)

[2021] ACTCA 21

ACT Court of Appeal27 August 2021

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Interrogate

Catchwords

1. Appeal
2. › Criminal appeal
3. › Application for leave to appeal out of time
4. › Relevant considerations
5. › Length and explanation for delay
6. › Prospects of appeal
7. › Prior appeal discontinued
8. › Whether extension of time should be granted
1. Criminal Law
2. › Appeal
3. › Incompetence of counsel as ground of appeal
4. › Whether counsel's conduct resulted in miscarriage of justice
5. › Whether impugned conduct capable of rational explanation
6. › Whether accused lost chance of acquittal fairly open
1. Criminal Law
2. › Appeal
3. › Unreasonable verdict
4. › Word on word case
5. › Whether decision in Pell v The Queen changed the law
6. › Whether factual similarity with another case establishes merit of appeal

Quick Take

The decision in Pell v The Queen [2020] HCA 12 did not change the law on unreasonable verdicts; the test remains that in M v The Queen (1994) 181 CLR 487. A mere factual similarity between a case and Pell does not establish the merit of an appeal alleging an unreasonable verdict. The question of whether there is power to grant leave to appeal out of time after a prior appeal has been discontinued was left open.