Martin v Police

Martin sought permission to appeal a decision of the Magistrates Court of South Australia, which had been affirmed on appeal. The dispute concerned a charge of driving under the influence of an intoxicating liquor or drug.

The primary legal issue before the Full Court of the Supreme Court of South Australia was whether permission to appeal should be granted. This involved considering whether there were sufficient grounds to doubt the Magistrate's factual findings and whether the proposed grounds of appeal relied on a reasonable interpretation of the Magistrate's reasons.

The Court observed that the applicant bore the onus of proving his case on the balance of probabilities, and that this had been decided adversely to him at both the initial hearing and on the first appeal. The Court found no sufficient reason to doubt the Magistrate's ultimate conclusion that she could not rely on the applicant's evidence. Furthermore, the Court determined that the proposed grounds of appeal involved a strained construction of the Magistrate's reasons and therefore did not warrant granting permission to appeal.

Permission to appeal was refused.