4 Feb 2020
Where a judge relies heavily on uncontested expert reports that contain caveats about the counterfactual risk if statutory controls (an ESO) are removed, the judge must put his concerns to the experts and give them an opportunity to address those concerns before drawing inferences adverse to the applicant; failure to do so is a breach of natural justice warranting remittal.
1 Jul 2019
Contact or association with persons under 16 for breach of the home detention condition is established where the defendant is consciously aware of the presence of children in circumstances giving rise to unsupervised contact; physical touching or intent to arrange contact is not required. The appellant was aware children were present, had not secured approval for a supervising adult, and did not establish a reasonable excuse, so the conviction was upheld.
19 May 2016
Leave to appeal was dismissed because there was no appearance of a miscarriage of justice: the evidence against the applicant was overwhelming, the Court of Appeal correctly found the trial fair despite procedural shortcomings including likely absence of a s 364 warning, and the applicant failed to demonstrate what evidence he would have given or any resulting prejudice.