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The applicant’s ignorance and counsel’s wrong advice do not constitute good cause to extend time to appeal.
Appellate procedure – extension of time under s.11(1) AJA – discretion to grant extension – factors: length of delay, reasons, diligence, prejudice, and existence of a substantial/legal point (illegality). Procedural law – ignorance of law/wrong advice by counsel does not constitute good cause for extension of time. Criminal law – plea of guilty generally bars appeal against conviction; appeals allowable only for equivocal pleas or questions of illegality. Evidence – grounds must be deposed in supporting affidavit; submissions from the bar are not evidence.
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19 December 2023 |