http://www.austlii.edu.au/au/cases/act/ACTSC/2014/305.html
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – Interference with Discretion of Court Below – appeal against Magistrate’s refusal to make a non-conviction order for offence of supplying declared substance without authorisation – whether Magistrate misjudged seriousness of offence – whether Magistrate denied unrepresented defendant natural justice in not inviting him to seek an adjournment to obtain more evidence – whether Magistrate’s reasons suggested erroneous views about need for custodial sentences, or availability of non-conviction orders, for drug-related offences – no error by Magistrate found – appeal dismissed.
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – Admission of Fresh Evidence – application to adduce expert evidence about likely effect on recipients of drug supplied by appellant and about appellant’s mental health – evidence supported, but did not go beyond, submissions made by appellant in Magistrates Court and apparently accepted by Magistrate – admission of evidence tendered on appeal was not required by interests of justice and would not have provided any grounds for upholding the appeal – leave to adduce fresh evidence refused – appeal dismissed.