Grey v The Queen

[2021] ACTCA 6

ACT Court of Appeal17 February 2021

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Interrogate

Catchwords

1. Appeal
2. › Criminal appeal
3. › Extension of time to appeal
4. › Conviction on guilty plea
5. › Whether acceptable explanation for delay
6. › Whether real prospect of success
7. › Application refused
1. Appeal
2. › Criminal appeal
3. › Appeal against conviction on guilty plea
4. › Whether miscarriage of justice
5. › Whether appellant did not appreciate nature of charge
6. › Whether appellant did not intend to plead guilty
7. › No basis established
1. Appeal
2. › Criminal appeal
3. › Fresh evidence
4. › Application to adduce fresh evidence on sentence appeal
5. › Whether application should be determined before single judge or Full Bench
6. › Application held over to Full Bench

Quick Take

A self-represented appellant seeking to appeal a conviction based on a guilty plea must demonstrate a miscarriage of justice, such as not appreciating the nature of the charge or not intending to plead guilty; a complaint that the prosecution should have laid a different charge, without identifying what that charge would be, does not establish any prospect of success.