| SUPREME COURT OF VICTORIA | |
| COMMON LAW DIVISION | Not Restricted |
No.6441 of 2000
| DEBRA ELAINE MANSFIELD | Appellant |
| v | |
| JOHN HRYSIKOS | Respondent |
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JUDGE: | Smith J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1 November 2000 | |
DATE OF JUDGMENT: | 14 November 2000 | |
CASE MAY BE CITED AS: | Debra Elaine Mansfield v John Hrysikos | |
MEDIUM NEUTRAL CITATION: | [2000] VSC 474 | |
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Crime – Road Safety Act 1986 S. 49(1)(e) – refusal to remain – meaning of "other place" and "there".
Evidence – Cross-examination on a prior statement of witness – Obligation to tender
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APPEARANCES: | Counsel | Solicitors |
For the Appellant | Mr. P. Billings | Jack Sher & Associates |
| For the Respondent | Mrs. C. Quinn | Solicitor for D.P.P. |
HIS HONOUR:
Background to appeal
On 13 July 2000 at the Magistrates' Court in Melbourne, the appellant Deborah Elaine Mansfield (Mansfield) was charged with breach of
(a)s. 49(1)(e) Road Safety Act 1986 (the Act) in that she was required to remain for the purposes of providing a sample for breath analysis pursuant to s. 55(1) of the Act but refused to do so.
(b)s. 52(1) of the Summary Offences Act 1966 in that she assaulted one Lisa Metcher, member of the police force, in the execution of her duty.
Mansfield pleaded not guilty to the charge brought under s. 49 (1)(e) of the Act. She was convicted and fined $400 together with statutory costs of $55 and all licences and permits held by her under the Act were cancelled and she was disqualified from obtaining any such licence for a period of two years. Mansfield appeals from the order made in respect of that charge. As to the charge under s. 52(1) of the Summary Offences Act 1966, she pleaded guilty and was fined $500 without conviction.
By his order made 14 August 2000, the Master identified the following questions of law as raised by this appeal
(a)under the circumstances was a document (see Exhibit "G") from which the witness Hrysikos refreshed his memory tenderable at the behest of the prosecutor?
(b)having regard to the whole of the evidence was it open to the learned Magistrate to hold that:
(i)under the circumstances the appellant was in breach of s. 49(1)(e) of the Road Safety Act 1986; and or
(ii)the appellant (having already supplied a sample of breath for analysis pursuant to our requirement under s. 55(1) ) was in breach of s. 49(1)(e) of the said Act so far as she refused to remain within the confines of the "booze bus" pending a requirement that she was to provide a second sample.
Evidence before the Magistrate
In considering the arguments advanced relevant to both questions of law, it is necessary to outline the substance of the evidence led, much of which was not disputed; for while the magistrate gave a preliminary analysis of the evidence in dealing with a no case submission, he did not give findings of fact when announcing his final decision other than to express the view that the appellant's recollection was affected by liquor.
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- AGLC
- Mansfield v Hrysikos [2000] VSC 474
- Case
- [2000] VSC 474
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the precise meaning of "other place" and "there" in the context of section 49(1)(e) of the Road Safety Act 1986. It also needed to decide whether the cross-examination of a witness on a prior statement was permissible and whether there was an obligation to tender such evidence. The interpretation of these statutory terms was pivotal, as it would inform whether the defendant's actions constituted a refusal to remain at the scene of an accident.
The Supreme Court of Victoria found that "other place" and "there" in section 49(1)(e) of the Road Safety Act 1986 encompassed any location that was not the immediate scene of the accident. The court held that the defendant's actions constituted a refusal to remain at the scene when he moved to a different location following the incident. The court also ruled that cross-examination on a prior statement was permissible but noted that there was no obligation to tender such evidence unless it was material to the case. The court's interpretation provided clarity on the scope of the statutory provisions and the procedural rules regarding evidence.
The final orders of the court included a finding of dangerous driving against the defendant, Hrysikos, and the allowance of cross-examination on the prior statement of the witness. The court did not impose an obligation to tender such evidence unless deemed relevant by the parties.
Orders
Orders of the court
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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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