26 May 1989
Failure to provide appellants an opportunity to make representations relevant to 'special reasons' required by the forfeiture provision rendered the forfeiture orders procedurally defective; because forfeiture is a drastic penalty, the orders must be set aside.
26 May 1989
Failure by the magistrate to give appellants the opportunity to make representations relevant to whether 'special reasons' existed before making forfeiture orders deprived them of procedural fairness and rendered the forfeiture orders defective; the appeals are allowed and the forfeiture orders set aside.
26 May 1989
Failure of the magistrate to provide appellants with an opportunity to make representations on whether there were special reasons not to order forfeiture rendered the forfeiture proceedings defective and required the forfeiture orders to be set aside.
16 Dec 1988
Because the Golden Mile is not an area where hawking is permitted but there was no evidence or magistrate's notes as to the extent or seriousness of the obstruction and no record showing prior offending, the $1,000 fines were excessive for first offenders; therefore the appropriate reduction is to $600 in the typical cases and to $200 in the case of the 62-year-old appellant who had two cartons of pears and was not hawking from a stall.