Marks v Police; Roach v Police

NICHOLSON J The offending alleged at trial The trial The Magistrate’s reasons Grounds of appeal Roach Marks The appeal The CCTV Consideration of the Roach appeal Grounds 1 and 2 – asserted inadequacy of reasons and inadequacy of directions in respect of the evidence Ground 3 – asserted inadequacy of the Magistrate’s approach to prior inconsistent statements by Lubajo Ground 4 – the Magistrate’s asserted failure to direct herself adequately as to self-defence or defence of another Ground 5 – the Magistrate’s asserted failure to direct herself adequately with respect to the prosecution’s failure to call the witness Mason Ground 6 – the Magistrate’s asserted failure to direct herself adequately about the inadequacy of the police investigation Ground 9 – the asserted miscarriage of justice and unfair trial by virtue of the manner by which the prosecution case was conducted Conclusion