Questione giuridica chiave
Whether the appellate findings on excessive night noise were arbitrary and violated in dubio pro reo.
Decisione estratta
No. The Federal Court found the evidence assessment tenable and held that the prosecution had not been shifted the burden of proof.
Motivazione estratta
Numerous complaints and police calls throughout the night supported the conclusion that the party substantially disturbed residents' night rest; there was no indication of a concerted campaign or of any improper burden shift.