Smadu v Stone

The applicant, Smadu, appealed against his conviction for drug supply offences, arguing the conviction was tainted by procedural irregularities. The Court of Appeal considered the application under the Criminal Appeal Act 1995 (NSW), assessing whether leave to appeal out of time should be granted. The primary issue was whether the grounds for appeal were without merit, which would justify refusing leave. The secondary issue concerned the legal personality of the applicant's legal representative, an area of law that required careful interpretation.

The Court of Appeal held that the grounds of appeal lacked merit, as they were either not arguable or had been previously rejected. The court emphasised that leave to appeal out of time is an exceptional remedy, reserved for situations where there is a real prospect of success. The court further examined the legal personality of the applicant's representative, noting that the fiction of legal personality applied here, as it did in previous cases. However, the particular facts of Smadu's case did not meet the threshold for granting leave to appeal out of time.

Given the lack of merit in the grounds of appeal and the application of the legal fiction of legal personality, the Court of Appeal found no grounds to grant leave to appeal out of time. The applicant's appeal was dismissed, and the conviction remained in place. The Court of Appeal's decision was final, with no further avenues for appeal available to the applicant.