1On an application to extend time for compliance with a self-executing order dismissing a criminal appeal, the court must weigh the principle of finality, the public interest in timely disposition of appeals, and the human cost of delay to victims, against the interests of justice — including the gravity of the sentence under challenge and whether the appeal has reasonable prospects of success.
2Where a very substantial sentence is at stake and the court cannot positively conclude at a summary hearing that the proposed appeal is without merit, the interests of justice may narrowly favour granting an extension despite protracted and inadequately explained delay by both the appellant and the appellant's lawyers.
3A self-represented litigant in custody is entitled to due allowance for the difficulties of that position in explaining non-compliance, but that allowance does not extend to delay attributable to subsequently retained lawyers.
