10 Jan 2007
The observable conduct of the two men performing coordinated refuse-collection tasks, coupled with the appellant's own statement that the same man had assisted on prior days, justified the inference of employment; the magistrate's credibility findings were rational and dispositive, therefore the conviction was correct and the appeal is dismissed.
4 Jan 2000
The magistrate's findings were upheld: there was sufficient admissible evidence to infer that the arrested persons were employed by the appellant and the s.17I(4) certificates were properly relied upon because the identity of the persons named in the certificates was established by independent evidence; therefore the convictions and the 15‑month sentences were properly imposed and not excessive.
19 May 1994
Although the caution statement contained breaches of the police Rules those breaches did not render it inadmissible in the absence of impropriety and the magistrate was entitled to admit it; however the Crown failed to prove crucial statutory ingredients for the strict liability offences — specifically authorization as agent/manager/factor and existence of contracts of employment — and the magistrate erred in permitting and treating witnesses as hostile without proper basis; on that evidential foundation the convictions were unsafe and must be quashed and the sentences set aside, with no retr…