Mitchell v The Queen

[2022] VSCA 32

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction
4. › Application for extension of time to file application for leave to appeal
5. › Whether proposed grounds of appeal reasonably arguable
6. › Whether explanation for delay satisfactory
7. › Whether futile to grant extension of time
8. › Criminal Procedure Act 2009 (Vic), s 275
1. Criminal Law
2. › Aggravated burglary
3. › Entry as trespasser
4. › Whether evidence established beyond reasonable doubt that applicant entered premises as trespasser
5. › Whether belief in authorisation to enter negated trespass element
6. › Crimes Act 1958 (Vic)
1. Criminal Law
2. › Sexual offences
3. › Rape
4. › Sufficiency of evidence
5. › Whether complainant's evidence of anal penetration established guilt beyond reasonable doubt
6. › Whether use of phrase 'pretty sure' precluded satisfaction beyond reasonable doubt
1. Criminal Law
2. › Trial
3. › Judge's charge
4. › Bad character direction
5. › Whether bad character direction should have been given where accused volunteered evidence of prior imprisonment and drug use
6. › Jury Directions Act 2015 (Vic), ss 12, 16

Quick Take

An assumption that legal representatives may take as long as they like to prepare an appeal without regard for the statutory time limit is to be deprecated in the strongest terms.