Millington v Police

Millington v Police is a case that involved the defendant, Millington, being charged with exceeding the prescribed speed limit. The dispute was heard in the Magistrates' Court of Victoria. The defendant contested the charge on the basis that the speed camera device used to measure his speed was not calibrated and therefore the evidence was not reliable.

The court was required to decide whether the calibration of the speed camera device was a necessary condition for the evidence to be considered reliable and whether the defendant had discharged the onus of proving the unreliability of the evidence. The court also had to consider whether the failure to calibrate the device constituted a fatal flaw in the evidence provided by the prosecution.

The court found that the calibration of the speed camera device was a necessary condition for the evidence to be considered reliable. However, the court held that the onus was on the prosecution to prove that the device was calibrated and working correctly. The court further found that the failure to calibrate the device constituted a fatal flaw in the evidence provided by the prosecution. As a result, the charge against the defendant was dismissed.

The court held that the failure of the prosecution to prove that the speed camera device was calibrated meant that the evidence provided by the device was unreliable and therefore insufficient to prove the charge. The court ordered that the charge against the defendant be dismissed.