2 Nov 2023
The conviction stands because the trial judge was entitled to accept the police witness as honest and reliable overall despite reservations about whether the phone screen itself was visible; the judge did not misplace the burden of proof and the appellate court will not overturn credibility findings absent irrationality or impossibility.
31 Aug 2012
The appeal was allowed because the magistrate's rejection of the appellant's evidence rested in part on an incorrect factual premise (the asserted vehicle type driven by the police), and that error materially undermined the safety of the conviction for hand-held mobile phone use while driving.
13 Mar 2007
The magistrate's assessment that the police officer was honest and the appellant untruthful was rational and supported the evidence; therefore the prosecution proved the offence beyond reasonable doubt and the appellate court will not disturb the conviction.