Pascoe v The Queen

In *Pascoe v The Queen*, the applicant, Pascoe, appealed to the Supreme Court of Queensland against his conviction for the offence of dangerous driving causing death. The appeal concerned the admissibility of certain evidence obtained during the investigation of the fatal accident.

The central legal issue before the Court was whether the evidence of the applicant's blood alcohol content (BAC), derived from a blood sample taken without his consent, was lawfully obtained and therefore admissible at trial. This required the Court to consider the application of section 794 of the *Police Powers and Responsibilities Act 2000* (Qld) and the common law powers of police to take such samples in circumstances where a person is incapable of giving consent.

Stanley J considered the provisions of the *Police Powers and Responsibilities Act 2000* (Qld) and relevant case law concerning the taking of blood samples. His Honour found that the police had acted within their powers under section 794 of the Act, which permits the taking of a sample of a person's breath, blood, or urine if the person is incapable of giving consent and the officer reasonably suspects the person has committed a relevant offence. The Court held that the evidence of the applicant's BAC was therefore lawfully obtained and admissible.

The appeal against conviction was dismissed.