Llewellyn v Police

The appeal in Llewellyn v Police concerned the conviction of Nicholas James Llewellyn for driving a motor vehicle while there was present in his blood the prescribed concentration of alcohol. The case was heard in the South Australian Magistrates Court, and the appeal was against the conviction to the Supreme Court of South Australia. The appellant challenged the conviction on the grounds that the magistrate erred in allowing the prosecution to rely on section 175(1)(i) of the Road Traffic Act 1961 (SA) and in declining to exclude evidence of a breath analysis reading.

The central legal issue was whether the magistrate correctly applied the statutory presumption created by section 175 of the Road Traffic Act 1961 (SA) and whether the evidence of the breath analysis reading should have been excluded. The court had to consider the doctrine of res gestae and the admissibility of the breath analysis evidence under section 47E(2b) of the Road Traffic Act 1961 (SA). The court also examined the effect of the appellant’s decision not to give evidence on the case.

The Supreme Court of South Australia found that the Chief Magistrate correctly rejected the appellant’s submission that the breath analysis was unlawful. The court held that the prosecution was entitled to rely on section 175 of the Road Traffic Act to prove that Nicholas James Llewellyn was the person subjected to the breath analysis test. The court found that there was ample evidence to establish a prima facie case against the appellant, including the statements made by the driver to the police officers, the production of the licence, and the appellant’s failure to give evidence. The court concluded that the evidence was capable of proving all the elements of the offence beyond a reasonable doubt. The appeal was dismissed.