The Court held that fresh evidence under s 42(4) of the Magistrates Court Act 1991 is not limited to evidence that was unavailable at trial, and may be admitted to correct counsel's oversight where justice requires. On the facts, the Court found 'proper cause' existed to reduce demerit points where the driver mistakenly assumed a 'no entry' intersection operated like a similar nearby intersection he knew, making the offence inadvertent rather than deliberate.
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