› appellant appeals against convictions and sentences imposed by the Court of Summary Jurisdiction.
Did Magistrate err in finding the police search was lawful and proper and misapply the discretion to exclude evidence?
› nothing to suggest that a vehicle stopped and searched under the Liquor Act (NT) cannot subsequently give rise to a reasonable belief sufficient to enliven s120C Police Administration Act (NT)
› search was positively in accordance with the public interest
› ground one and two is dismissed.
Conviction - Findings of guilt
› evidence in relation to charges 2, 6 and 7 was unsafe and unsatisfactory
› appellant argues findings of guilt were not supported by the evidence
› when reviewing the evidence as a whole the conclusion is supported by the evidence
› conclusions of the learned Magistrate were open to be found beyond a reasonable doubt
› ground five is dismissed
› findings of guilt on all counts are confirmed.
Sentence - manifestly excessive
› excessive to go beyond 28 day mandatory penalty in terms of time to be served
› ground three and four upheld
› appeal against sentence allowed in terms set out in paragraphs [125]
› [129].
Case Details
Citation[2011] NTSC 84
CourtNTSC
JurisdictionNorthern Territory
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