R v Young

In this case, the respondent, a person convicted of a criminal offence, sought leave to appeal against the sentence imposed by the County Court. The conviction and sentence were imposed on 22 June 2018. The application for leave to appeal was made on 16 July 2018, and the notice of appeal was subsequently abandoned on 23 July 2018. The respondent later applied to withdraw the notice of abandonment, which application was denied. The respondent then applied for leave to appeal out of time against the denial of leave to withdraw the notice of abandonment. The application was made after the time limit for appealing against the denial of leave to withdraw the notice of abandonment had expired. The court was required to determine whether it had the discretion to grant leave to appeal out of time and, if so, whether it should exercise that discretion in the circumstances of this case.

The court held that it had the discretion to grant leave to appeal out of time, and that the merits of the grounds of appeal were relevant to the exercise of that discretion. The court noted that the delay in making the application for leave to appeal out of time was significant, and that the respondent had not provided a satisfactory explanation for the delay. However, the court also noted that the respondent had a potentially arguable case on appeal, and that it was in the interests of justice to allow the appeal to proceed. The court exercised its discretion to grant leave to appeal out of time, and remitted the matter to the County Court for further consideration.

The final orders of the court were that the application for leave to appeal out of time was granted, and that the matter was remitted to the County Court for further consideration. The court noted that the County Court was free to make any orders it considered appropriate in the circumstances of the case, including an order for the respondent to serve the balance of the sentence imposed on 22 June 2018. The court also noted that the County Court was not bound by the previous orders made in relation to the appeal, and was free to make any orders it considered appropriate in relation to the appeal.