High Court of Australia

O'Grady v The Queen [2014] HCA 38

88 ALJR 960; 313 ALR 465

9 Oct 2014

Case Number: S114/2014

Before

French CJ, Hayne, Bell, Gageler, Keane JJ

Catchwords

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.

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

Criminal Appeal Act 1912 (NSW) – s 10(1)(b).

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