High Court of Australia

Kentwell v The Queen [2014] HCA 37

88 ALJR 947; 313 ALR 451

9 Oct 2014

Case Number: S113/2014


French CJ, Hayne, Bell, Gageler, Keane JJ


Criminal law – Appeal – Application to extend time within which to apply for leave to appeal against sentence – Principles to be applied in determining whether extension of time should be granted – Whether applicant required to demonstrate that refusal of application would occasion substantial injustice – Relevance of principle of finality – Relevance of prospect of success should extension be granted – Whether extension of time should be granted.

Criminal law – Appeal – Appeal against sentence – Appellate court's power to re-exercise sentencing discretion – Where error of the kind identified in House v The King (1936) 55 CLR 499 established – Whether appellate court must form positive opinion that some other sentence is warranted in law before intervening.

Words and phrases – "Abdul test", "principle of finality", "substantial injustice", "warranted in law".

Criminal Appeal Act 1912 (NSW) – ss 6(3), 10(1)(b).

Criminal Appeal Rules (NSW) – rr 3A, 3B.

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