Beattie v Potts - [2015] ACTSC 350

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	Beattie v Potts
Citation:	[2015] ACTSC 350
Hearing Date(s):	23 July 2015
DecisionDate:	10 December 2015
Before:	Burns J
Decision:	See [50]
Category:	Principal Judgment
Catchwords:	CRIMINAL LAW – Particular offences – drug offences – driving with a prescribed drug in oral fluid or blood. APPEAL – Appeals From and Control Over Magistrates – appeal against conviction – where the appellant relied on a defence under s 39 of the Criminal Code 2002 (ACT) in the Magistrates Court – whether the Magistrate failed to apply the correct evidentiary burden – appeal upheld.
Legislation Cited:	Criminal Code 1995 (Cth) ss 10.1, 13.3, 101.5 Criminal Code 2002 (ACT) ss 7, 8, 11, 15, 39, 58 Explanatory Memorandum, Criminal Code 2002 (ACT) Road Transport (Alcohol and Drugs) Act 1977 (ACT) ss 15AA, 20, 41, 41AD Road Transport (Alcohol and Drugs) (Random Drug Testing) Act 2010 (ACT)
Cases Cited:	Queen v Khazaal (2012) 246 CLR 601
Parties:	Shay Beattie (Appellant) Adam Clayton Potts (Respondent)
Representation:	Counsel Mr T Sharman (Appellant) Ms S McFarland (Respondent)
Solicitors Aboriginal Legal Service (Appellant) ACT Director of Public Prosecutions (Respondent)
File Number(s):	SCA 32 of 2015
Decision under appeal:	Court: ACT Magistrates Court Before: Magistrate Doogan Date of Decision: 14 April 2015 Case Title: Potts v Beattie Court File Number(s): CC 4470 of 2014

BURNS J:

These proceedings are an appeal from a decision of a Magistrate. On 14 April 2015, the appellant was convicted of the charge of driving with a prescribed drug in her blood in contravention of s 20 of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) (the Act). The appellant was then sentenced to a disqualification period from driving of six months and a fine of $400.00 plus court costs.

The present appeal is with respect to the conviction imposed. The appeal against sentence was not pursued at the hearing.

Background

At about 12.30 pm on 15 March 2014, the appellant was driving a motor vehicle along Bennelong Crescent, Macquarie in the Australian Capital Territory (ACT). The appellant was then involved in a motor vehicle accident, shortly after which ACT police and ambulance services attended the scene. The appellant was conveyed to Canberra Hospital with minor injuries, and was admitted to hospital at 1.20 pm.

At 1.45 pm, a sample of the appellant’s blood was taken pursuant to s 15AA of the Act. This sample was subsequently conveyed to the ACT Government Analytical Laboratory and analysed, which revealed the presence of methylamphetamine in the appellant’s system.

The appellant was charged by way of summons with an offence contrary to s 20 (1) of the Act , alleging that, as a first offender, on 15 March 2014, having been the driver of a motor vehicle on a road, she had, within the relevant period, a prescribed drug in her blood.

The proceedings before the Magistrate

The hearing proceeded by way of the tender of agreed facts, and certificates under ss 41 (1) (d) and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Beattie v Potts

Details

AGLC: Beattie v Potts [2015] ACTSC 350
Case: [2015] ACTSC 350
Decision Date: 10 December 2015

CaseChat Overview and Summary

The case of Beattie v Potts involved an appeal against a conviction for driving with a prescribed drug in one's oral fluid or blood, in contravention of the Criminal Code 2002 (ACT). The appellant, Beattie, had been found guilty in the Magistrates Court of the offence and sought to appeal this decision. The primary focus of the appeal was whether the Magistrate had correctly applied the evidentiary burden when considering a defence under section 39 of the Criminal Code 2002 (ACT). The appeal centred on the interpretation and application of this particular section of the Code, which pertains to the presence of a prescribed drug in a person's body when driving.

The court had to determine if the Magistrate erred in the application of the evidentiary burden when assessing the appellant's defence. Specifically, the court needed to consider whether the Magistrate correctly assessed the evidence and applied the appropriate legal standards in determining the presence of a prescribed drug in the appellant's oral fluid or blood at the time of driving. The defence under section 39 of the Criminal Code 2002 (ACT) requires the accused to prove, on the balance of probabilities, that they did not knowingly or intentionally have a prescribed drug in their body. The court had to examine whether the Magistrate properly evaluated the evidence in this light.

In the appeal, the court found that the Magistrate had indeed failed to apply the correct evidentiary burden when considering the appellant's defence. The court held that the Magistrate did not adequately address the specific defence raised under section 39 of the Criminal Code 2002 (ACT), which necessitated a more rigorous assessment of the evidence. Consequently, the appeal was upheld, and the conviction was quashed. The court's reasoning emphasised the importance of correctly applying the evidentiary burden in cases involving this specific defence, ensuring that the accused's rights are properly safeguarded.

Orders

Orders of the court

See [50]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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