12 Sept 2012
The trial judge was entitled to accept the police witness as truthful and credible; on that evidence the appellant failed to keep proper lookout and made an unsafe lane change, so the conviction for careless driving was properly supported and the appeal is dismissed.
3 Apr 2008
The conviction is upheld because the prosecution presented credible, consistent witness evidence that the appellant sought to have another person claim to be the driver, and the appellant presented no arguable challenge or evidence to undermine that account.
26 Apr 2005
Leave to appeal was refused because the Court of Appeal reasonably concluded, on careful review of the judge's words in context, that the judge did not improperly rely on prior consistent statements nor make a fundamental error in treating the 2nd applicant's silence or in drawing inferences; no arguable departure from accepted norms was shown.
16 Dec 1997
The conviction was upheld because the trial judge, properly mindful of the witness's defects, accepted only those parts of her evidence that were corroborated by independent material (surveillance tapes, list of villas, landlord and meeting evidence); a judge need not formally label the witness an accomplice after abolition of s.60 CPO and was entitled to assess weight and reject parts of the witness's account; therefore leave to appeal was refused.
29 May 1992
The Court held the summing-up was adequate: the judge correctly explained the burden of proof and the defendant's lack of obligation to testify, his comments on the mother's unsupported alibi evidence did not impose a burden on the defendant or mislead the jury, his remark about a cocked gun was a permissible comment rather than a direction, and in all the convictions were safe; the 20-year total sentence was not manifestly excessive.
4 Dec 1968
The evidence did not permit a rational inference beyond reasonable doubt that the appellant had possession or knowledge of the drugs; the magistrate's inferences from circumstantial facts were not sufficient to convict, therefore convictions could not stand and must be quashed.