4 Apr 2023
The Judge erred by assessing the victim's conduct rather than whether the owner proved total absence of fault; the owner failed to prove there were literally no practical steps she could have taken (eg keeping the dog in the car or retaining the leash), therefore dismissal was quashed and matter remitted for sentencing.
3 Nov 2022
Leave to appeal was granted because the Council's proposed question constituted a genuine question of law arising from the trial judge's ruling on the total absence of fault defence, the statutory prerequisites for leave were met, and the issue was of general and public importance warranting appellate consideration.
29 Mar 2021
The appeal is dismissed because the elements of the strict liability speed offence were established (100 km/h in an 80 km/h area), the appellant failed to prove total absence of fault, the Land Transport Rule s9.2(2) legitimately excused repeater signs on the route (so the absence of repeaters did not negate liability), and ignorance of the speed limit did not constitute a defence; no miscarriage of justice occurred.
29 Mar 2021
Conviction under s 57(2) upheld because evidence established Baloo bit and held the other dog; s 57(2) is a strict liability offence and the appellant failed to prove total absence of fault; circumstances of the attack were not exceptional under s 57(3), so the mandatory destruction order must be upheld.