Jeffers v The Queen

Darren Christopher Jeffers sought special leave to appeal to the High Court of Australia against a decision of the Court of Appeal. The application concerned two grounds: firstly, an alleged individual injustice arising from the Court of Appeal's refusal to grant an extension of time to appeal, and secondly, the principle that courts of criminal appeal should consider the merits of an appeal when exercising their discretion to grant an extension of time.

The legal issues before the High Court were whether the Court of Appeal had erred in refusing an extension of time to appeal, and whether the Court of Appeal had failed to properly consider the merits of the proposed appeal in its discretionary judgment. The applicant argued that the facts, as presented in affidavit evidence, created a confused factual position regarding the service of the Crown's notice of appeal and the timing of instructions to appeal.

The High Court considered the affidavit evidence, noting confusion regarding the exact dates of service and instructions. The applicant's counsel submitted that the Court of Appeal's refusal to grant an extension of time was an injustice, and that the Court of Appeal should have had regard to the merits of the appeal. The Court acknowledged the factual complexities and the applicant's submission that the timing of instructions, as evidenced, might have operated unfairly against him.