Where a deliberate decision not to appeal has been made based on an appreciation of legal advice, an extension of time will only be granted where it is demonstrably necessary to prevent a substantial injustice. A delay in obtaining legal assistance to commence an appeal is not ordinarily accepted as an adequate explanation for delay, and a mistaken belief that an appeal had been filed is insufficient where the delay is 16.5 months and limited steps were taken to verify. An acquittal on one count due to the offence falling outside the indictment dates does not necessarily signify an adverse view of the complainant's credibility where the jury's question indicated acceptance of the complainant's evidence on the critical feature.
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