29 Apr 2009
Although a prima facie case existed, the totality of the evidence did not permit a safe inference that the appellant knew the bag contained ketamine; the boyfriend's confession and lack of independent incriminating evidence against the appellant left a lurking doubt rendering the conviction unsafe and justifying quashing of conviction and sentence.
23 Apr 2008
The Court held that the Deputy Judge had identified and considered the alleged discrepancies, accepted PW1's credible explanations (including his limited reading ability and communication difficulties with the police), and that the inconsistencies did not render the verdict unsafe; the conceded mischaracterisation regarding 'unknown males' was immaterial to the overall finding of credibility, so the application was dismissed and convictions upheld.
12 Dec 2007
Although a recklessness direction was unnecessary on the evidence, the directions given were compliant with the subjective test and were neither unclear nor prejudicial; the forensic pathologist's evidence was within his expertise and admissible; the judge correctly directed the jury on burden and standard of proof; the jury's verdict was not unsafe, and the application for leave to appeal was dismissed.
7 Mar 2005
At least two of the four reasons given by the trial judge for rejecting the defendant's account were unsupported by the evidence or not put by the prosecution; those unsupported credibility findings rendered the verdict unsafe or unsatisfactory, therefore the appeal is allowed and the matter is remitted for retrial.
17 Jul 2001
The application for leave to appeal was dismissed because the trial judge's summing-up was fair and legally correct, the jury's manslaughter verdict was justified by the defendant's admissions and forensic/pathological evidence, and the seven year sentence was within principled discretion and not manifestly excessive.
28 Aug 1997
The conviction was quashed because defence counsel's acceptance of an unequivocal identification admission and failure to test the identification by cross-examination or to allow the accused to give evidence left a real possibility of misidentification and rendered the verdict unsafe and unsatisfactory.
3 Apr 1997
Appeal dismissed: the evidence that an accomplice's blows were a substantial cause of death was tenuous and unsupported; the applicant's own blows were established and constituted a significant contribution to death; the trial judge sufficiently directed the jury on intention and causation and did not misdirect on joint enterprise; the verdict was not unsafe.
30 Aug 1996
Where two independent witnesses identified the defendant at a properly conducted identification parade shortly after the offence, and the alleged defects were matters for the jury to weigh, the Court will not find the verdict unsafe; dock identification by itself carried virtually no weight and did not render the conviction unsafe, therefore the application for leave to appeal was dismissed.
9 Aug 1996
The cumulative evidence (substantial quantity and packaging of heroin, unexplained large cash, admissions recorded and signed) justified the trafficking conviction; procedural shortcomings in timing or form of police record did not cause prejudice sufficient to render the verdict unsafe, therefore the application for leave to appeal is dismissed.
29 Jun 1995
The evidence was insufficient as a matter of law for a reasonable jury properly directed to convict; the trial judge should have ruled there was no case to answer under the Galbraith test, therefore the conviction was unsustainable and was quashed.