In appeals from judge-alone criminal trials, the first limb of s 6(1) of the Criminal Appeal Act 1912 (NSW) permits review of intermediate findings of fact essential to the chain of reasoning leading to the ultimate finding of guilt, on the basis that they are unreasonable and not supported by the evidence. However, where the ultimate determination turns on credibility assessments, the appellate court should not entertain a relevant doubt as to guilt absent good reason to doubt the trial judge's assessment. A private investigator hired by an employer is not an 'investigating official' within s 85 of the Evidence Act 1995 (NSW). Recitals in a deed of settlement may constitute admissions where they are expressed as assertions of actual fact.
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