R v Adams

The applicant appealed against his conviction and sentence for various offences, including assault occasioning actual bodily harm and unlawful imprisonment. The primary court was the Supreme Court of Victoria, and the applicant sought an extension of time to appeal against his sentence. The Court of Appeal was tasked with determining whether the applicant's appeal had a reasonable prospect of success and whether the time for appeal should be extended. The applicant argued that his solicitor had filed a Notice of Appeal on his behalf, but the court found no evidence of this, nor any evidence that the applicant had instructed his solicitor to file such a Notice. The applicant had not filed a Notice of Appeal himself, and the time for lodging a Notice of Appeal had expired.

The court considered whether the applicant's appeal had a reasonable prospect of success and whether the time for appeal should be extended. The court noted that the applicant had not provided any evidence that his solicitor had filed a Notice of Appeal on his behalf, nor any evidence that the applicant had instructed his solicitor to do so. The court found that the applicant's claim was without merit and that there was no basis for extending the time for appeal. The court held that the applicant's appeal did not have a reasonable prospect of success, and the application for an extension of time was refused. The Court of Appeal dismissed the application for an extension of time to appeal against sentence.