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The court found Darcy Peter Bailey guilty of possessing a restricted weapon, holding that the seized flare gun matched the tested exhibit, he knew of the insert, and the statutory exemption did not apply.
Although the trial judge erred in finding the initial police knock and entry lawful and understated the s.8 breach, the curative proviso applies because the trial judge expressly accepted the co-accused's (Mrs. Boughner's) evidence as sufficient, standing alone, to support convictions; there was no substantial wrong or miscarriage of justice and the sentence was not demonstrably unfit given the extent of trafficking and the appellant's record.
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Applying the totality principle to the three discrete sets of offences committed over a short period, the Court held the aggregate sentence of 18 years imprisonment (functionally 20 years including pre-trial custody) was fit and within the acceptable range given the gravity of the offences, including a planned attempted murder, and therefore the appeals against sentence were dismissed.
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