O'Halloran v The Queen

The applicant, O'Halloran, sought special leave to appeal to the High Court of Australia from a decision of the Supreme Court of South Australia. The dispute concerned the applicant's conviction for the offence of driving under the influence of alcohol.

The primary legal issue before Gaudron J was whether the applicant had established an arguable case of error in the Supreme Court's decision, which would warrant the grant of special leave to appeal. Specifically, the applicant contended that the Supreme Court had erred in its interpretation of the relevant provisions of the *Road Traffic Act 1961* (SA) concerning the admissibility of evidence obtained from a breath analysis.

Gaudron J considered the applicant's submissions regarding the proper construction of the statutory requirements for the admission of breath analysis evidence. Her Honour noted that the applicant's argument centred on whether the police officer had complied with the procedural prerequisites for conducting the breath analysis. After reviewing the material before her, Gaudron J concluded that the applicant had not demonstrated an arguable case of error in the Supreme Court's determination.

Special leave to appeal was therefore refused.