R v Ford

CaseChat Overview and Summary

The applicant, Garry Robin Ford, applied for an extension of time to appeal against his conviction and seek leave to appeal against sentence. The application was heard in the Court of Appeal by Davies JA, Fryberg JA, and McPherson JA. The applicant, representing himself, sought the extension due to circumstances that he argued justified the delay.

The court was required to determine whether the applicant's circumstances were sufficient to warrant an extension of time beyond the statutory limit for filing an appeal. This involved assessing the reasons provided by the applicant for the delay and whether they were reasonable and excusable.

Davies JA found that the circumstances presented by the applicant did establish a basis for an extension of time. The judge noted that the application was made in good faith and that the applicant had provided adequate reasons for the delay. The court granted the application, extending the time within which to appeal against conviction and seek leave to appeal against sentence to 3 August 2004. McPherson JA concurred with the decision, while Fryberg JA expressed some reservations but ultimately agreed with the outcome.

The final order of the court was to grant the applicant's application for an extension of time. The time within which to appeal against conviction and seek leave to appeal against sentence was extended to 3 August 2004.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established