A District Court judge sitting on appeal from a Magistrates Court conviction must provide adequate reasons for concluding that the magistrate could not have been satisfied beyond reasonable doubt that a defence was excluded; merely referring to 'the state of the evidence' without analysis is insufficient. Where four prosecution witnesses consistently testify that a police badge was produced in response to the accused's own demand, and the magistrate has made adverse credibility findings against the accused, it is open to the magistrate to reject the accused's evidence of not seeing the badge and thereby exclude the defence of honest and reasonable mistake of fact under s 24 of the Criminal Code 1899 (Qld).
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