15 May 2019
The appeal was dismissed because the trial judge reasonably accepted the witness who had closely observed the appellant for over an hour and saw direct exchanges consistent with sale; that factual finding was not shown to be plainly wrong and did not render the conviction unsafe.
21 Dec 2018
The trial judge's factual findings — that the complainant was a reliable witness, did not consent to being assaulted, that appellants acted in concert and committed disorderly/violent acts amounting to unlawful assembly, and that identification from video was reliable — were supported by video, witness and medical evidence; there was no error of law or material misdirection, and no unfairness requiring intervention, therefore the convictions and sentences are safe and the appeals are dismissed.
22 Feb 2012
The conviction was quashed because the magistrate did not adequately address a material inconsistency between the goods vehicle driver's court testimony and his prior police statement regarding whether the appellant slowed down, rendering the conviction unsafe.
10 Oct 2011
The appellate court concluded the magistrate's reasons for rejecting the defence were flawed and inadequate on multiple points (including improper treatment of witness absence, insufficient handling of character evidence, cursory treatment of self-defence and unjustified rejection of DW2), rendering the credibility findings unsafe; accordingly convictions could not stand and were quashed.
23 Jan 2007
The appellate court held that taken together the evidence supported the sole reasonable inference that the appellant was acting as a member of a triad society at the restaurant; the appellant's election not to give evidence permitted limited support for that inference (Li De Fan); there was no sufficient prejudice to order severance; and the custodial sentence of six months was appropriate and should not be suspended.
17 Jan 2006
Leave to appeal was refused because the sergeant was not part of the core four‑officer team whose evidence the jury accepted; the subsequent conviction of the sergeant did not, on the totality of the evidence, render the applicant's convictions unsafe.
13 Jul 2005
The magistrate properly and carefully evaluated the child complainant’s evidence, considered possible mistake, fabrication and discrepancies, found the complainant credible and the appellant’s explanation insufficient to negate the account; on that basis the conviction was safe and the appeal against conviction was dismissed.
21 Nov 2000
The appeal was allowed and the binding over order set aside because the Magistrate's adverse credibility finding premised on a persecutory delusion was not a matter for which the appellant or her solicitor had been given notice; in those circumstances the binding over order could not be regarded as safe or satisfactory.
17 Nov 2000
The appeal was dismissed because the Court was satisfied that the magistrate had properly considered the evidence and made findings on identification, credibility and reliability that the appellate court could not properly disturb.
5 Oct 1999
The Court dismissed the appeal: even if the CFI had technical power under s77E that power did not assist because extradition proceedings do not permit the adjudication of witness reliability by letters of request; the magistrate was entitled to conclude the affidavit evidence was sufficient to warrant committal under the credibility/sufficiency standard and the materials did not show a real risk of race-based prejudice at trial in the US.