Graham v Commissioner of Police

The appellant, Graham, sought an appeal against his conviction and sentence, arguing that the sentence imposed was manifestly excessive and that the time for appeal should be extended. The appeal was heard in the Court of Appeal under the Justices Act 1886. The primary issue was whether the time for appealing the sentence should be extended, and if so, what factors should be considered in exercising the discretion to do so. A secondary issue was whether the sentence imposed was manifestly excessive.

The court considered the provisions of section 224 of the Justices Act 1886, which allows for the extension of time for an appeal where it is shown to the satisfaction of the court that there were reasonable grounds for the delay. The court examined the relevant factors to be considered in exercising the discretion to extend time, including the length of the delay, the reason for the delay, and whether the appellant had a reasonable excuse for the delay. The court found that the appellant had not provided sufficient evidence to demonstrate reasonable grounds for the delay and that the delay was not excusable. The court also found that the sentence imposed was not manifestly excessive, and that the appellant had not shown that the sentence was unjust or inappropriate.

Accordingly, the court dismissed the application for an extension of time and upheld the original sentence. The appeal was dismissed, and the appellant's conviction and sentence remained in place.