Coleman v Police

The Supreme Court of South Australia, constituted by Lovell, Doyle and David JJ, considered an appeal by Mr. Coleman against his conviction for a driving offence. The central dispute concerned the admissibility of evidence obtained during a roadside breath test.

The primary legal issue before the Court was whether the evidence derived from the roadside breath test was improperly admitted at trial. This question hinged on whether the police officer conducting the test had reasonable grounds to suspect that Mr. Coleman had committed a relevant offence, as required by the relevant legislation.

The Court reasoned that the statutory requirement for reasonable suspicion necessitates more than a mere hunch or guess; it requires an objective basis for the suspicion. In this instance, the Court found that the officer's stated grounds for suspicion – that Mr. Coleman's vehicle was weaving and that he appeared to be driving erratically – were insufficient to establish reasonable suspicion. The Court emphasised that the officer's subjective belief, without an objective factual foundation, did not satisfy the legal threshold. Consequently, the evidence obtained from the breath test was deemed inadmissible.

The Court allowed the appeal, quashed the conviction, and ordered that a verdict of not guilty be entered.