Richards v The Queen

The applicant, Richards, sought an extension of time to bring an application for leave to appeal against his conviction. The respondent was The Queen. The application was heard by Martin CJ in the Court of Appeal of Western Australia.

The central legal issue before the Court was whether an injustice would flow from depriving Richards of the opportunity to pursue his appeal. This required the Court to consider the merits of the proposed appeal and the reasons for the delay in bringing the application.

Martin CJ noted that the applicant had been convicted of a serious offence and that the delay in seeking leave to appeal was substantial. His Honour considered the grounds of appeal that were foreshadowed and concluded that they did not disclose a reasonably arguable case. Consequently, Martin CJ found that there was no injustice in refusing the extension of time, as the applicant would not be deprived of the opportunity to press an appeal with any real prospect of success.

The application for an extension of time was therefore dismissed.