Lewis v Australian Capital Territory

Lewis sought leave to appeal out of time against the cancellation of his periodic detention. The sentence had already expired, and Lewis had not been afforded an opportunity to attend the inquiry at which the cancellation was ordered. Burns J of the Supreme Court of the Australian Capital Territory considered whether special circumstances existed to permit an out-of-time appeal.

The primary legal issue before the Court was whether Lewis had established "special circumstances" for the purposes of the relevant court rules, justifying an extension of time to lodge his appeal. This involved determining whether there was an adequate explanation for the delay in filing the appeal and whether the appeal itself raised significant legal issues that warranted consideration, notwithstanding the expiry of the sentence.

Burns J found that the failure to provide Lewis with notice of the inquiry and an opportunity to be heard constituted a special circumstance. His Honour also considered that the appeal raised important and arguable questions concerning the content of the right to compensation for unlawful detention under section 18(7) of the *Human Rights Act 2004* (ACT), and whether vindicatory damages were a live issue in such circumstances. These factors weighed in favour of granting leave to appeal.

Leave to appeal was granted.