23 Aug 1989
The trial judge's factual findings that the drugs were found in the apartment before police arrival were supported by evidence and not open to appellate intervention; the presumptions in ss.46 and 47 were not rebutted on the balance of probabilities, therefore leave to appeal was refused and the conviction stands.
27 Jun 1984
Because the Magistrate's intervention and phrasing likely caused the appellant to believe he should admit possession (rather than clearly informing him he could refuse to admit), combined with confusion over exhibit identification making the admission equivocal, the conviction could not stand as justice was not manifestly seen to have been done; appeal must be allowed and conviction quashed.
29 Aug 1974
It was procedurally incorrect to invite admissions of fact from an unrepresented accused who had pleaded not guilty; where the accused admits only possession the magistrate must either convict of the lesser offence or proceed to hear prosecution evidence, and because the procedure in this case was improper the conviction for possession for the purpose of unlawful trafficking was quashed and substituted with a conviction for simple unlawful possession with an appropriate sentence.
31 Oct 1969
The magistrate's specific finding that the cellophane packet was found in the appellant's right shorts pocket, together with an intact chain of custody and a lawful credibility assessment, sufficed to uphold the conviction; there was no misdirection on burden of proof and the powder/granular description discrepancy was immaterial; consequently the appeal was dismissed.