21 Jan 2025
The trial judge's findings that the applicant's admissions were voluntary and credible were unimpeached on appeal; given the seriousness and potential harm of repeated arson in a multi-storey building the sentence imposed was within the permissible range and appropriately discounted; therefore leave to appeal is refused and the convictions and sentence are affirmed.
4 Nov 2020
The judge was entitled to accept the appellant's admissions as voluntary and credible and, when combined with CCTV footage and unexplained coincidences between seized clothing/items and the footage, to conclude identification beyond reasonable doubt; the sentence of three months immediate imprisonment was not manifestly excessive given the victim's age and need for deterrence.
29 Apr 2019
Trial counsel acted on reasonable and contemporaneous instructions, adopted a legitimate defence strategy focused on honest and reasonable belief, and did not act incompetently in a way that deprived the appellant of a fair trial; therefore the conviction is safe and the appeal fails.
25 Oct 2018
The Mushtaq direction as given was lawful and properly applied; the judge did not err in his directions on admissions, inferences or knowledge; the jury were entitled to reject contested admissions if obtained by oppression and to infer possession and knowledge from the undisputed circumstantial evidence including ownership, sole occupancy, visible bag on the front seat, DNA on packets, quantity and street value; the application for leave to appeal against conviction is refused and the conviction and sentence are upheld.
7 Mar 2016
The court accepted the prosecution's evidence including the recorded admissions and the respondent's plea to trafficking, found the respondent not credible and having failed to rebut the prima facie case the burden shifted to her and was not discharged; alternatively the funds were inferentially intended for use in connection with her travel to commit the offence, therefore the monies fell within s56(1)(b) and in the alternative s56(1)(a) and must be forfeited.
14 Dec 2007
The Magistrate's findings that the appellant made voluntary admissions and that the packaged pellets and circumstances supported an inference of trafficking were reasonable and supported by the evidence; there was no error in the assessment of credibility or in admitting those admissions, and no basis for the appellate court to interfere with the conviction.
7 Jul 2006
The Court held the trial judge gave adequate reasons for accepting the prosecution witnesses and rejecting the applicant's account; the discrepancies relied on by the defence did not undermine the verdict; and the judge properly exercised her discretion in refusing to grant telephone record/subscriber orders or adjourn the trial because the defence application was speculative. Accordingly the application for leave to appeal was dismissed.
20 Dec 2005
The Court affirmed the Magistrate's factual findings: the police evidence and a voluntary admission were credible, any minor discrepancies were immaterial, and the Magistrate legitimately inferred joint venture and prior knowledge from positions, conduct and admission; accordingly the elements of s.27(1) were established and the conviction was safe.
27 Mar 1998
The Court upheld the trial judge's findings that the admissions and interview records were voluntary and reliable and that the judge's credibility assessments were sound; D1's and D3's applications were dismissed on the merits; although failure to hold a voir dire in respect of D2 was a material irregularity, the Court applied the proviso to s.83(1) and dismissed D2's appeal as no injustice arose from the irregularity.