When is the deadline for court of criminal appeal - notice of appeal or of application for leave to appeal against finding of guilt or sentence?
The catalogue records a 28 days period from The date of the finding of guilt or of the sentence. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The date of the finding of guilt or of the sentence
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- "The time within which notice of appeal, or notice of an application for leave to appeal, may be given may be extended at any time by the Court" (Criminal Code s 417(2)). The power is unconditional and expressly exercisable at any time; no statutory test is prescribed.
- This is a period "required for the commencement of the appeal under an Act", so it displaces the residual 28 days in SCR r 82.04(2)(b) by force of r 82.04(2)(a) - the number happens to coincide. Computation is governed by Interpretation Act 1978 (NT) s 28, not by SCR r 3.01, so the SCR r 3.04(1) Christmas vacation exclusion does NOT apply and the s 28(2) roll-forward is not confined to acts at the Registry. Note the alternative triggers: time runs from the finding of guilt for a conviction appeal and from sentence for a sentence appeal.