A failure to give adequate reasons is a legal error falling within s 219D(c) of the Magistrates Court Act 1930 (ACT), meaning the decision 'should not in law have been made'. The provision of a prosecution review appeal is either consistent with the right not to be tried twice under s 24 of the Human Rights Act 2004 (ACT) because that right is only engaged upon final acquittal, or is a reasonable limit under s 28. On a review appeal limited to errors of law, the proviso in s 219F(5) does not mandate a detailed factual review of the evidence; to require that would transform the limited review into a substantial factual exercise.
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