Lawless v Turner

Kevin Gerard Lawless appeals against his conviction and sentence in the Court of Petty Sessions for possessing an iron bar with the intention of using it to cause fear and damaging a door. The appeal is heard in the Supreme Court of Western Australia. Matthew David Turner is the respondent. The respondent submits that the appeal should be dismissed. The primary issue for the court to determine is whether the Magistrate erred in convicting the appellant. The court finds that the Magistrate did not err. The appellant had the onus of proving that he was not at the complainant's house at the relevant time. The court found that the appellant failed to do so. The court also found that the Magistrate did not err in accepting the evidence of the complainant and the complainant's son. The court also found that the proposed new evidence does not have any merit. The appeal is dismissed.