› Particular grounds of appeal — conduct of trial judge
Criminal law
› Appeal and new trial
› Appeal by way of rehearing — standard of review
Evidence
› Identification evidence
› [name withheld] warning — adequacy of self-direction by magistrate
Evidence
› Identification evidence
› Displacement effect and suggestibility
Quick Take
1Where an accused is found in the driver's seat and admits to police that he was driving, and the account of a seat swap is rejected as inherently implausible, identification evidence from the intercepting officer becomes only a supporting consideration of limited forensic significance, and a [name withheld] self-direction on identification dangers is not essential to the safety of the conviction.
2Ex tempore reasons of a magistrate in summary traffic prosecutions ought not be subject to overly pedantic analysis; it is sufficient that the reasons, read as a whole, demonstrate an appreciation of the relevant issues and disclose a cogent basis for the findings made.
3On appeal by way of rehearing from a magistrate's decision, findings of fact based on witness credibility and demeanour attract particular weight and should not be disturbed unless demonstrated to be wrong by incontrovertible facts, uncontested testimony, or shown to be glaringly improbable or contrary to compelling inferences.
