The Court held that the magistrate denied the appellant procedural fairness by proceeding to hear and convict him in his absence under s 142A of the Justices Act 1886 (Qld) where the Notice of Adjournment had expressly struck through the warning that the matter could be determined in his absence, and by allowing an irrelevant credibility assessment to guide the refusal of the adjournment and the subsequent refusal to reopen.
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