27 Feb 2002
The application for leave to appeal out of time is refused because the sentencing choices were within proper range: the robbery starting point, reduction for guilty plea, and the ordering of part of the immigration sentence concurrent were appropriate; foreignness and unfamiliarity do not justify further reduction and the total term of 4 years is not manifestly excessive.
24 Nov 2000
The conviction for trafficking (possession of drugs in the closed drawer) was unsafe because the Crown failed to prove the applicant knew of and exercised control over the drugs given the chaotic shared nature of the flat and presence of other persons; however the conviction for possession of the smoking/inhalation apparatus was properly supported because those items were in plain view and the applicant, as de facto occupant, must have seen them; the trafficking conviction and its sentence were quashed and set aside, the apparatus conviction and six month sentence were affirmed (with the cour…