Lowe v The King

The applicant, Lowe, sought an extension of time to appeal against a sentence imposed by the District Court of South Australia. The specific offence for which the sentence was imposed is not detailed in the provided text, but the catchwords indicate it relates to attempted murder. The application was heard by the Full Court of the Supreme Court of South Australia.

The central legal issue before the Full Court was whether there was a proper basis to exercise its discretion to grant an extension of time for Lowe to commence his application for permission to appeal against his sentence. This required the Court to consider the reasons for the delay and the merits of the proposed appeal.

The Court concluded that no proper basis had been laid for the favourable exercise of its discretion. This implies that the applicant failed to provide sufficient justification for the delay in filing the appeal application, and/or that the proposed grounds of appeal lacked sufficient merit to warrant an extension of time. Consequently, the Court dismissed the application for an extension of time.