The Court of Appeal refused the applicant's renewed application for an extension of time to seek leave to appeal against sentence for aggravated burglary, sexual assault, attempted rape and related offences, applying the principle from Lord v The Queen and Ayol v The Queen that where a single judge has provided detailed reasons for refusing leave, the applicant must ordinarily demonstrate a significant matter overlooked or misunderstood by the single judge. The Court additionally held that even if any of the proposed grounds of appeal were made out, the objective gravity of the offending was so serious that there was no reasonable prospect the total effective sentence of 10 years 8 months would be reduced, providing an independent basis for refusal under s 280(1)(b) of the Criminal Procedure Act 2009.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.