Mercorella v Police

The appellant, Mercorella, appealed against the decision of a single judge of the Court of Appeal, who had allowed an appeal against a decision of a magistrate. The magistrate had dismissed a charge of driving with a prescribed concentration of alcohol in the blood, contrary to section 47B of the Road Traffic Act 1961. The magistrate found that the print-out from the breath analysis instrument did not comply with the requirements of section 47G(2) of the Road Traffic Act 1961. The legal issues before the court involved the requirements and procedure for delivering a statement in writing pursuant to section 47B(2) of the Road Traffic Act 1961, and whether the print-out was a statement in writing that "specified" the information required by the section.

The court considered the relevant provisions of the Road Traffic Act 1961, including section 47B(2), which required the officer to provide a statement in writing to the accused. The court held that the print-out from the breath analysis instrument did not meet the requirements of a statement in writing "specifying" the information required by section 47B(2). The court found that the print-out did not contain all the information required by section 47B(2) and did not provide the accused with an opportunity to make representations or challenge the accuracy of the information. The court held that the print-out was not a statement in writing that "specified" the information required by section 47B(2). As a result, the appeal was dismissed, and the charge against the appellant was reinstated.

The court did not make any orders as the appeal was dismissed. The decision of the magistrate was restored, and the charge against the appellant was reinstated. The appellant was required to face the charge of driving with a prescribed concentration of alcohol in the blood. The case highlighted the importance of ensuring that the requirements of section 47B(2) of the Road Traffic Act 1961 are met when providing a statement in writing to the accused. The decision also emphasised the need for the print-out from the breath analysis instrument to contain all the information required by section 47B(2) and provide the accused with an opportunity to make representations or challenge the accuracy of the information.