Dennis Michael Nona v The Queen (No 2)

Dennis Michael Nona sought an extension of time to appeal against his convictions. The application was heard by Refshauge J of the Supreme Court of the Australian Capital Territory.

The primary legal issue before the Court was whether to grant an extension of time for Mr Nona to lodge his appeal against conviction. This required the Court to consider whether there was a reasonable prospect of success on the substantive appeal and whether the respondent had been misled or prejudiced by any delay.

Refshauge J reasoned that an extension of time should be granted. The Court noted that the respondent had not raised any objection to the appeal for a significant period, suggesting they were not misled by the Notice of Appeal. Furthermore, the Court was satisfied that there was a reasonable chance of success on the appeal itself, which weighed in favour of granting the extension.

The Court ordered that so much of the Court Procedures Rules 2006 (ACT) as would prevent the hearing and determination of the application for an extension of time be dispensed with. The time within which Mr Nona could appeal against his convictions was extended to 5 March 2014.