Police v Adams

In Police v Adams, the police appealed against the conviction and sentence of Adams, who was found guilty of driving without due care or attention. The charges of aggravated driving without due care and driving while having a prescribed concentration of alcohol in the blood were dismissed. The blood sample used as evidence was taken over two hours after the respondent’s offending driving. Scientific evidence was presented to estimate the blood alcohol concentration at the time of the incident. The appeal focused on whether the magistrate erred in finding reasonable doubt about the respondent’s blood alcohol concentration and whether the magistrate erred in dismissing the other charges.

The court considered the magistrate's power to amend the complaint to a Category 1 offence when the respondent had not been able to expiate the offence under s 47B(5) of the Road Traffic Act 1961 (SA). The appeal was allowed as the magistrate failed to properly assess the evidence. The scientific evidence of the blood alcohol concentration should be considered with regard to other evidence. The magistrate erred in finding there was a reasonable doubt. The conviction was set aside, and the respondent was found guilty of aggravated driving without due care and category 2 driving while prescribed concentration of alcohol in the blood. The matter was remitted to the magistrate for sentencing.