23 Sept 2011
The appellate court held the magistrate had considered the discrepancies between police witnesses but reasonably concluded the central fact—that the appellant pushed PW2—was established; the magistrate's remarks did not amount to disqualifying bias and the conviction was not unsafe, therefore the appeal must be dismissed.
19 Jul 2011
The magistrate correctly concluded that, although the careless driving was minor, the failure to provide a breath specimen attracted a mandatory two-year disqualification absent special reasons; no special reasons existed in this case, so the mandatory disqualification and requirement to attend a driving improvement course were properly imposed; the fines were within proper sentencing bounds and the appeal was dismissed.
11 Mar 2011
The Court refused to increase the custodial element of the sentence for failure to provide a breath specimen because a custodial sentence was not required in the circumstances: first offender, no evidence of serious impairment, significant psychiatric history and concurrent sentence for related conduct; however the 12-month driving disqualification was manifestly inadequate and was substituted with a three-year disqualification for protection of the public and appropriate deterrence.
26 Mar 2007
The court held the original sentence was manifestly excessive in the circumstances of a first offender with no injuries and who had pleaded guilty; remanding the appellant in custody pending a community service report was inappropriate where custody was unlikely and deprived the appellant of appellate protection. The appropriate disposal was to set aside the community service order and impose a recognizance of good behaviour with a reduced driving disqualification and costs awarded to the appellant.