SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
HUMZY v POLICE
[2009] SASC 50
Judgment of The Honourable Justice David
27 February 2009
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - DRIVING WITH PRESCRIBED CONCENTRATION OF ALCOHOL IN THE BLOOD
EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - PRESUMPTIONS - AS TO SCIENTIFIC INSTRUMENTS
Appellant convicted of driving vehicle while prescribed concentration of alcohol was present in his blood – whether time of breath analysis in written statement provided to appellant pursuant to s 47G(2) of the Road Traffic Act 1961 (SA) was accurate - whether presumption pursuant to s 47G(1) of the Road Traffic Act 1961 was available to prosecution.
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - UNREASONABLE OR INSUPPORTABLE VERDICT
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW - PARTICULAR CASES INVOLVING ERROR OF LAW - FAILURE TO GIVE REASONS FOR DECISION - ADEQUACY OF REASONS
Magistrate found time of breath analysis in written statement provided to appellant pursuant to s 47G(2) of the Road Traffic Act 1961 (SA) was accurate, despite inconsistencies and errors on evidence - whether verdict unreasonable - whether magistrate's findings and evidence supported verdict - whether magistrate's reasons were adequate.
Held: dismissing the appeal - verdict was not unreasonable - findings were supported by evidence - reasons were adequate.
Road Traffic Act 1961 (SA) s 47B, s 47G, s 47EB; Road Traffic (Miscellaneous) Regulations (1999) SA reg 8A(3), referred to.
R v Sweeny [2008] SASC 300 (Unreported, Gray, Sulan and David JJ, 5 November 2008); Semmens v Police (1999) 202 LSJS 272; Taylor v Daire (1982) 30 SASR 453, applied.
Burton v Police (2004) 88 SASR 152; Eubel v Martin (1992) 57 SASR 290; Lloyd v Police (2004) 89 SASR 383; Mercorella v Police (2004) 88 SASR 575; Police v Harvey (1999) 73 SASR 534; Police v Jervis (1998) 70 SASR 429; Police v Mott (2005) 93 SASR 257; Police v Stevenson (2008) 255 LSJS 443; Saade v Police (2005) 242 LSJS 481, considered.
HUMZY v POLICE
[2009] SASC 50Magistrates Appeal
DAVID J. This is an appeal against conviction.
Introduction
The appellant was charged on Complaint alleging that he was driving a vehicle on Payneham Road at Felixstow in South Australia on 6 October 2005 while there was present in his blood .081 G of alcohol in 100 Ml of blood, being the prescribed concentration of alcohol for the purposes of s 47B of the Road Traffic Act 1961 (SA) (“the Act”). A magistrate found the appellant guilty of the charge and recorded a conviction. As mandated by the Act, he then fined the appellant the sum of $500 and disqualified him from driving for six months.
Background
A trial with respect to the…
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- Humzy v Police [2009] SASC 50
- Case
- [2009] SASC 50
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CaseChat Overview and Summary
The primary legal issue in this case was whether the magistrate's findings, particularly regarding the accuracy of the time of the breath analysis provided to the appellant, were supported by the evidence. Another issue was whether the presumption under s 47G(1) of the Road Traffic Act 1961 (SA) was available to the prosecution. This presumption is contingent upon compliance with certain statutory requirements, including the accurate recording of the time of the breath analysis as per s 47G(2) of the Act.
The court found that the magistrate's decision was not unreasonable and that the evidence supported the magistrate's findings. The court emphasised that any inconsistencies or errors in the evidence did not undermine the overall reliability of the breath analysis results. The court also held that the magistrate's reasons for the decision were adequate and did not reveal any error of law. The appeal was dismissed as the verdict was reasonable and adequately supported by the evidence.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: DAVID J
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