12 May 1998
Although the trial judge failed to hold a voir dire (a material irregularity), his explicit and comprehensive findings on credibility were such that he would inevitably have reached the same conclusion at a proper voir dire, the prosecution case was overwhelming and therefore the proviso applies; appeal dismissed and conviction upheld.
4 Jul 1984
The magistrate was entitled to prefer the constable's reliable account that the wallet was found on the accused and to draw the inference of guilt from possession of recently stolen property; the delays did not prejudice the accused and therefore the conviction must stand.
18 Jul 1973
Conviction was unsafe because the evidence did not establish the stolen watch was the appellant's beyond reasonable doubt given the mass-produced nature of the watch, lack of distinctive markings, a distinguishing scratch on the watch found, and the escape of a co-accused who may have had the stolen watch; appeal allowed and conviction and sentence set aside.