Kember v The Queen (No 2)

The Court of Appeal of New South Wales considered an application by the appellant, Kember, for leave to appeal out of time against his conviction. The appellant had previously pleaded guilty to certain offences.

The primary legal issues before the Court were whether to grant leave to appeal out of time and whether to permit the adduction of further evidence on the appeal. The Court also had to determine the proper procedural foundation for these applications.

Mossop J reasoned that the applications to adduce further evidence and for leave to appeal out of time were matters for the Court of Appeal to determine. The Court's role was to ensure the applications were placed on a proper procedural footing before considering their merits.

The Court of Appeal ordered that the applications be determined by the Court.