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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,764 case citations
Before: Meek J
Before: McGuire J
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The Court of Appeal refused GBU leave to appeal his 12-year sentence for the manslaughter of his wife. It held that the sentencing judge had not ruled out mitigation merely because GBU’s psychosis was drug-induced. The judge considered the mental impairment and then decided, in the circumstances, that general deterrence still had a role. The Court also found that earlier sentences did not establish a cap or show that this sentence was plainly unjust, particularly given the domestic violence context and the seriousness of the offending.
Before: Mullins P, Hindman J
NAI’s appeal application failed. The Court would not admit a psychiatric report that had been available at sentencing and had already been considered indirectly through another expert’s report. It also found no sufficient basis to disturb the sentence. The sentencing judge could impose cumulative sentences in the circumstances, and the Court considered that the sentence reflected moderation and accounted for totality. The Court also found that the applicant’s voluntary drug use and the serious, escalating nature of the offending limited the mitigating effect of his mental health evidence.
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Before: Member Davey
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