24 Jul 2025
The court held the magistrate's chosen starting points and discounts were within the correct sentencing range given the facts (0.92g heroin concealed internally, prior drug convictions, concealment and overall offending), and that the partial concurrency directions were legally appropriate; therefore the 31‑month global sentence was not manifestly excessive and the appeal is dismissed.
29 Apr 2025
The Court refused the applicant's challenge to the total effective sentence, concluding the 74‑month aggregate sentence was not manifestly excessive and the sentencing judge did not err in ordering the relevant sentences to run consecutively; however the Court granted leave to appeal only on the issue of the length of the driving disqualification (reason two).
30 Jan 2023
The trial magistrate was entitled to accept the police witnesses and to reject the appellant's misidentification/framing account; absence of bodycam/CCTV/fingerprint evidence did not render the convictions unsafe; on re‑hearing the evidence proved the offences beyond reasonable doubt; a 6‑month starting point for possession of the small quantity was appropriate and lawful enhancements for persistent offending and Form 8 status justified the final concurrent sentences (10 months on Charge 1; 8 weeks on Charges 2 and 3).
14 Sept 2020
Leave to appeal was refused as to conviction on Charge 1 because the Judge was entitled to infer D1 knowingly imported GBL given his admission to ordering and receiving the parcel and the implausibility of the cleaning‑agent explanation; leave to appeal was granted as to conviction on Charges 2 and 3 because there was a reasonably arguable ground that the Judge misdirected himself on possession in a joint‑occupancy context requiring something more than knowledge and acquiescence; leave to appeal against sentence was granted because sentencing guidelines for GBL are unsettled and the internati…
29 Apr 2020
The Court allowed the sentence appeal in part, holding that although the overall 20‑month aggregate term was not manifestly excessive, certain individual starting points and concurrency orders required adjustment: weapons and paraphernalia sentences were increased or decreased as appropriate and concurrency reallocated to preserve a total of 20 months while reflecting totality and the appellant's habitual offending.
11 Dec 2019
The trial judge was entitled to find the applicant failed to prove a substantial portion of the drugs was for personal use; the 0.79g packet plausibly formed part of packaging rather than self‑use, the judge did not fail to exercise discretion, and the aggregate sentence of 5 years 10 months was not manifestly excessive; leave to appeal is refused.
2 May 2018
Appellate court found the appellant’s testimony unreliable and the defence records showed both defendants instructed a bare denial and a strategy to put the prosecution to strict proof; no actual or realistic conflict of interest arose from joint representation; clerk should have disclosed plea letters but non‑disclosure did not prejudice trial fairness; counsel’s conduct did not amount to flagrant incompetence — appeal dismissed and conviction affirmed.
24 Mar 2017
The Court refused the application for leave to appeal against conviction because the trial judge's credibility findings, including reliance on CCTV corroboration of accomplice evidence, were reasonable and supported by the evidence; the applicant's delay and lack of urgency did not justify adjournment or extension of time, and there were no reasonably arguable grounds of appeal.
18 Oct 2016
The magistrate's acceptance of the police officers' evidence and rejection of the appellant's testimony was warranted on credibility grounds; the lack of fingerprint evidence did not render the convictions unsafe; accordingly the appeal was dismissed and the convictions upheld.
26 Jan 2016
Where an accused is found in physical proximity to multiple types and quantities of drugs together with distribution paraphernalia (packaging, electronic scale, numerous small bags), phones and substantial cash, the only reasonable inference is trafficking; such an inference sustains conviction and a sentence of 2 years 3 months (with a concurrent 3 months for possession) is not manifestly excessive in the circumstances.