The court found that the applicant had made diligent efforts to obtain the trial court record and that the delay in filing the appeal was not attributable to him but to the trial court's failure to provide the necessary documents. The prosecution did not demonstrate any prejudice that would result from granting the extension. Therefore, in the interests of justice and to safeguard the applicant's right of appeal, the court exercised its discretion to allow the application and grant leave to file the appeal out of time.