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reflects the approach of the minority in R v Raad [2006] VSCA 67, a decision of a bench of five that was split 3/2. The majority held that the sole test was whether the single judge considered that there was a reasonably arguable ground of appeal and held that the single judge should not refuse leave having found a reasonably arguable ground of appeal because the judge considered that there was no reasonable prospect of a lesser sentence being imposed. The minority in Raad considered that it was appropriate for a single judge to refuse leave in cases where an arguable error could be shown in sentencing, but that there was no reasonable prospect of the sentence being reduced on appeal. However, no change has been made to the absolute right to challenge the decision of the single judge by electing to have the case dealt with by a three-member court. (See clause 315(2)).