R v Harrington

Case

[2015] ACTCA 2

4 February 2015


Details
AGLC Case Decision Date
R v Harrington [2015] ACTCA 2 [2015] ACTCA 2 4 February 2015

CaseChat Overview and Summary

In the matter of *R v Harrington*, the applicant sought leave to appeal against a sentence imposed by the District Court. The specific details of the original charges and the sentence are not provided, but the core of the dispute revolved around the applicant's application to bring this appeal outside the prescribed time limits.

The central legal issue before the Court of Criminal Appeal was whether to grant the applicant an extension of time within which to lodge an appeal against his sentence. This required the Court to consider the applicant's reasons for the delay and whether there was any prejudice to the Crown or the applicant in allowing the appeal to proceed out of time.

Murrell CJ, in considering the application, would have weighed the applicant's explanation for the delay against the potential prejudice to the parties. While the specific reasoning is not detailed, the ultimate order indicates that the Court found sufficient grounds to permit the appeal to be heard, notwithstanding the lateness of the application.

Leave to appeal out of time was granted.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Sentencing

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1,132

Jackamarra v Krakouer [1998] HCA 27
Gallo v Dawson [1990] HCA 30
Cases Cited

2

Statutory Material Cited

1

Parker v The Queen [2002] FCAFC 133
R v Meyboom [2012] ACTCA 2
Parker v The Queen [2002] FCAFC 133