2 Jun 2025
Appeal allowed because the magistrate erred by applying res ipsa loquitur in a criminal careless driving case and there was insufficient evidence of the appellant's driving manner (no convincing CCTV proof of speed, skidding or irregular driving) to prove carelessness beyond reasonable doubt; conviction and sentence were set aside.
24 Jul 2015
The judge was entitled to reject the applicant's testimony; once rejected the uncontradicted primary facts — possession of 10.08g of methamphetamine and twelve empty resealable bags suitable for re-packaging — supported the irresistible inference that the applicant possessed the drug for the purpose of trafficking, and no error of law or principle was shown, so leave to appeal was properly refused.
25 Apr 2012
The conviction was upheld because, on the admitted possession and the way the drugs were packaged and quantified, it was open to the Magistrate to draw an irresistible inference that a substantial part of the drugs were held for trafficking; the sentence derived from a lawful starting point and discounts was not interfered with.
19 Dec 2008
The court held there was sufficient evidence for the magistrate to find that the appellant acted dishonestly and with intent to defraud by concealing the use of inferior grade 304 steel after becoming aware of it, and that the magistrate correctly applied the Ghosh test and reasonably inferred the grade of steel from ordering testimony and price differentials; appeal dismissed.