![]() The court also held that the magistrate erred in taking into account evidence which was not before the court, being the value of the vehicle in question. The Supreme Court held that there was a reasonable hypothesis consistent with the appellant’s innocence, requiring the conviction and sentence to be set aside. The appellant appealed the finding of guilt on five separate grounds. On 5 December 2022 a magistrate found the appellant guilty of a charge of dishonestly driving a motor vehicle without consent. ![]() The conviction and sentence have been set aside.ĪPPEAL – APPEAL FROM MAGISTRATES COURT – Appeal from finding of guilt - whether finding of guilt unreasonable and cannot be supported having regard to the evidence – whether magistrate erred in applying principles in Edwards v The Queen (1993) 178 CLR 193 and Liberato v The Queen (1985) 159 CLR 507 – whether magistrate took into account evidence not before the court – reasonable hypothesis consistent with innocence available on the prosecution case – factual basis for adverse credibility finding did not exist – magistrate erred in taking into account evidence not before the court – appeal allowed – conviction and sentence set aside The Supreme Court has allowed an appeal against a finding of guilt by a magistrate. The Court granted the application having been satisfied the document purported to embody the deceased’s testamentary intension and it was the deceased’s intention for the document to operate as their will. The Supreme Court has allowed an application to declare that a particular document, which was not executed in accordance with the formal requirements under the Wills Act 1968 (ACT), constitutes the deceased’s will. WILLS, PROBATE & ADMINISTRATION – Informality – Wills Act 1968 (ACT) – Where signature was only witnessed by one witness – Whether deceased intended document to constitute will Recent Court of Appeal, Supreme Court judgments and sentences: Hard copy decisions can also be viewed in the Russell Fox Library. Please follow us on Twitter if you want to be alerted about when judgments and sentences are published on the court website. Judgments are generally published within a few days of being handed down, however, sentencing remarks may not be available until some time after sentencing. Search Judgments and Sentences in the ACT Supreme Court.
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