R v Abell

The applicant, who had been convicted and sentenced for murder and a series of home invasion offences, sought an extension of time to appeal both his conviction and his sentences. The application was brought before the court, which had to decide whether there was good reason for the delay in filing the notices of appeal and whether the proposed appeals had a viable chance of success. The applicant’s solicitor provided an affidavit explaining the delay, which the court considered alongside the merits of the proposed appeals.

The court assessed the viability of the appeal against conviction, focusing on whether it was open to the jury to exclude the hypothesis of self-defence, given the applicant's claim that he acted in self-defence against the police officer who had allegedly failed to call upon him to stop. The court also examined the appeal against sentence for murder, determining whether the sentence was manifestly excessive, considering factors such as the applicant's lack of remorse and the seriousness of the crime. Additionally, the court evaluated the appeal against the sentence for the home invasion offences, considering whether the aggregate punishment was excessive, particularly in light of the applicant already serving a life sentence.

The court concluded that the delay in filing the notices of appeal was not justified and that there was no good reason for the late filing. The court also found that the proposed appeals did not have a viable chance of success. Consequently, the court refused the application for an extension of time to appeal both the conviction and the sentences. The court's decision was delivered ex tempore on 20 July 2015.