23 Dec 2016
The magistrate's findings on credibility and fact were reasonable and supported by the evidence; the prosecution proved beyond reasonable doubt that the appellant possessed an identity card issued to another person and that he resisted and assaulted police officers; therefore the convictions were upheld and the appeal dismissed.
8 Jun 2011
The court found the magistrate's reasons and use of post-offence evidence unclear and difficult to rely upon for factual findings; because the case turned on contested facts and the appellant had already undergone multiple proceedings the court declined a retrial and resolved the appeal in the appellant's favour by quashing the conviction and refusing a retrial, while making costs orders limited to the appeal and review.
28 Sept 2006
The court held that the appropriate starting point for possession of one tablet containing 0.01 gram of midazolam was six weeks imprisonment; applying a one-third discount for the guilty plea produced a four-week sentence which was substituted for the original six-month sentence, and that this sentence must run consecutively to the two-month sentence for resisting a police officer without breaching the totality principle.
9 Jun 2006
The magistrate's factual findings that the appellant assaulted and resisted a police officer were credible and supported by the evidence; psychiatrists' reports established that he was mentally disordered and required hospital treatment; there was no procedural or substantive error in committing him for 3 months under section 45, therefore the appeal must be dismissed.
1 Nov 2005
The magistrate's credibility findings were supported and partially corroborated by CCTV (Exhibit P4) which confirmed the appellant threw a can at PW1 and the police acted with reasonable force during the arrest; therefore the convictions for common assault and resisting a police officer were reliable and the appeal was dismissed.
14 Oct 2005
No reasonable grounds existed to apprehend a breach of the peace from the appellant's conduct; therefore the arresting officer was not acting in the execution of his duty and the conviction for resisting a police officer could not stand; conviction and sentence were quashed and the charge dismissed.
15 Dec 2004
Possession of the knife during the burglary established aggravated burglary and justified a 3‑year starting point; the 12‑month starting point for resisting a police officer was appropriate given he menaced officers with a knife; the fresh evidence was inconsistent with prior statements and would not have affected mitigation, so it was not admitted; therefore leave to appeal against the sentences on the 1st and 3rd charges is refused and the sentences are affirmed.
5 Aug 2003
The Court allowed the 1st Appellant's appeal against conviction for possession because there was a lurking doubt that the ketamine traces could have resulted from innocent contamination; accordingly that conviction and sentence were quashed. The Court rejected the appeals against convictions for resisting a police officer for both appellants and dismissed the appeals against the six-week sentences, finding the Magistrate's factual findings and sentencing exercise were within permissible bounds.
16 Apr 2003
The Magistrate properly assessed credibility, accepted the police evidence that the 2nd Appellant was hawking and that both appellants resisted police; the evidence, including photographs and seized items, supported the convictions; there was no demonstrable error of law or fact to overturn the convictions, therefore the appeals were dismissed.
28 Dec 2000
Leave to appeal was refused because the applicants' written grounds disclosed no arguable merit, the trial judge accepted the police evidence and the applicants did not give evidence to contradict it, so there was no prospect of a successful appeal.