Dalton v The King

[2023] VSCA 333

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application for extension of time to appeal
4. › Three year delay
5. › Whether explanation for delay satisfactory
6. › Whether proposed grounds of appeal have merit
7. › Criminal Procedure Act 2009 (Vic), ss 275(1), 279(1), 313(1)
1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Incompetence of counsel
5. › Delay in laying charges
6. › Misdirection of jury
7. › Inadmissible evidence
8. › Whether proposed grounds had sufficient merit to warrant extension of time
1. Criminal Law
2. › Appeal
3. › Sentence appeal
4. › Manifest excess
5. › Incompetence of counsel
6. › Whether proposed grounds had sufficient merit to warrant extension of time

Quick Take

A deliberate choice to pursue administrative remedies (remission, early release, parole) rather than initiating appellate proceedings does not constitute a satisfactory explanation for delay in seeking an extension of time to appeal. The COVID-19 pandemic, without more, does not excuse failure to initiate appellate proceedings where courts continued to function and lawyers remained available.

Case Details

Citation[2023] VSCA 333

CourtVSCA

JurisdictionVictoria

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Relies on5

2019DPP v DaltonVCC 1507
2017Madafferi v The QueenVSCA 302
2017Rapovski v The QueenVSCA 175
2014Kentwell v The QueenHCA 37
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