Police v Stacy

Police v Stacy was a matter before the court in which the primary issue was whether the respondent was in breach of liquor licensing laws. The court was asked to determine whether the respondent was guilty of the offence of possessing or using a gaming machine without a permit, and whether the respondent was guilty of contravening liquor licensing laws by operating a licensed premises without a license. The case was heard in the Supreme Court of Victoria.
The legal issues before the court were whether points or objections not taken below could be raised on appeal, and whether questions not raised on pleadings or in argument could generally be raised on appeal. Additionally, the court was asked to consider whether the respondent's actions constituted an abuse of process.
In its reasoning, the court held that points and objections not taken below could not be raised on appeal, and that questions not raised on pleadings or in argument could generally not be raised on appeal. The court also found that the respondent's actions did not constitute an abuse of process. As such, the appeal was dismissed. The court held that the evidence was sufficient to support the conviction of the respondent for the offence of possessing or using a gaming machine without a permit, and for contravening liquor licensing laws by operating a licensed premises without a license. The appeal was dismissed, and the convictions were upheld.