Pitt v The Queen [2011] VSCA 26

2 The application made in December 2008 was the subject of explanation, so far as delay is concerned, by the applicant stating that he suffers with mental illness and tends to procrastinate.

3 The apparent ground upon which he would seek to pursue the appeal against conviction is that, subsequent to his conviction and imprisonment, the complainant wrote him a letter and sent him photographs of herself in lingerie. That happened after he was convicted of another matter in respect of which she was a witness.

4 The connection between the letter and the sending of photographs and the propriety of the conviction in 1990 is not immediately apparent. It was not apparent to the registrar who dismissed the application for extension of time. From that dismissal the applicant has elected to have the matter dealt with by this Court.

5 In my opinion the application is hopeless for a number of reasons. The delay is inordinate. It has not been acceptably explained. The proposed ground is hopeless. There is no substantial reason for granting the application. The matter is so old that the Crown might well be prejudiced in preparing the appeal if the application for extension of time were granted and, in turn, leave to appeal was granted. Finally, there is no material filed in support of the application which suggests that the interests of justice require that extension be granted.

6 In my opinion, for all those reasons, the application to extend time ought be refused.

9 The order of the Court is that the application is refused.