Director of Public Prosecutions (ACT) v Tuifua

[2022] ACTCA 1

ACT Court of Appeal2 February 2022

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Time for appealing
4. › Extension of time
5. › Crown appeal against sentence
6. › Whether solicitor's error constitutes 'special reasons'
7. › Court Procedures Rules 2006 (ACT), r 5405
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Crown appeal
5. › Manifest inadequacy
6. › Application for leave to appeal out of time

Quick Take

A solicitor's error or oversight in failing to file a Notice of Appeal within time is capable of constituting 'special reasons' under r 5405(2) of the Court Procedures Rules 2006 (ACT), particularly where the delay is very short, the opposing party was put on notice of the intention to appeal, and there is an arguable ground of appeal.

Case Details

Citation[2022] ACTCA 1

CourtACTCA

JurisdictionAustralian Capital Territory

Decision Date2 February 2022

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on5

2021R v TuifuaACTSC 298
2019R v Nicholas; R v PalmerACTCA 38
2015R v HarringtonACTCA 2
2014Dewson v MacdonaldACTCA 39
and 1 more after sign-in

Create free account

Already have an account? Sign in