On an appeal by rehearing under s 214 of the Magistrates Court Act 1930 (ACT), where the Magistrate errs in an intermediate finding of fact (here, identifying the appellant as the wrong offender), the appellate court may make its own findings and uphold the conviction on a different factual basis if the evidence supports guilt beyond reasonable doubt. Hiding from police in bushes before any officer has spoken to or approached the accused is evidence of consciousness of guilt, distinguishable from merely fleeing from police which may be explained by a young person's reluctance to engage with police.
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