The Supreme Court refused leave to appeal against a Magistrates Court conviction for a dog attack offence under s 33D(1) of the Dog Act 1976 (WA), finding no reasonable prospect of success on any ground. The Court held that the appellant's grounds amounted to no more than an attempt to re-agitate the same factual case advanced at trial without identifying any error of law or fact by the Magistrate, and that the Magistrate's credibility findings were not glaringly improbable or contrary to compelling inferences. The Court also declined to admit fresh evidence under s 40 of the Criminal Appeals Act 2004 (WA) where the appellant failed to explain why the evidence was not tendered at trial.
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