30 Apr 1997
The charge omitted an essential statutory ingredient and the judge's reasons did not exclude the possibility that the appellant was acting for his own benefit; therefore the omission was prejudicial, the proviso could not be applied and the conviction was unsafe and must be quashed.
9 Nov 1981
Regulation 24(1) is an absolute offence and, by virtue of Regulation 44(2), proof that a vehicle was on a road without the required licence displayed is sufficient to convict the registered owner; the prosecution need not prove who caused the vehicle to be on the road or that the owner had knowledge, so the appellant's conviction is upheld.
24 Dec 1976
Charge for hawking without a licence (By-law 5(1)) was incorrect where appellant possessed a licence and only breached its conditions; mandatory confiscation applies only to designated offences and not to breaches of licence conditions, therefore conviction and confiscation were set aside and seized goods returned.
29 Oct 1971
Because the seized mixture did not meet the statutory requirements of s.46, the presumption of possession for trafficking did not arise and the magistrate erred in convicting for trafficking when the charge was simple possession; accordingly the conviction was set aside and substituted by conviction for simple possession and the sentence reduced to four months, resulting in immediate release.