An appeal court applying the M v The Queen unreasonable verdict test must complete both stages: first, forming its own assessment of the evidence, and second, considering whether the verdict was open to the trial court, having regard to the trial court's advantage in seeing and hearing witnesses. Merely forming a subjective doubt is insufficient. Where the appeal court departs from the trial court's factual findings, particularly on credibility, it must address the evidence relied upon by the trial court and the significance of the trial court's advantage. Kennett J's observations suggest that in appeals from magistrates under s 214 of the Magistrates Court Act 1930 (ACT), the M test may not be the required framework, and establishing material error may suffice.
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