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.
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
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
Legal Concepts
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Appeal
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Sentencing
Actions
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Citations
R v Harrington [2015] ACTCA 2
Most Recent Citation
Fairclough v Stewart-Rattray & Gawler Health Service [2012] SADC 3
Cases Citing This Decision
1,132
Jackamarra v Krakouer
[1998] HCA 27
Gallo v Dawson
[1990] HCA 30
Maher v Commonwealth Bank of Australia & Ors
[2007] HCATrans 197
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