Police v Butcher

In Police v Butcher, the court was called upon to consider an appeal against the decision of a magistrate who dismissed charges against the appellant. The primary issue before the court was whether there was sufficient evidence to convict the appellant on the first count and to find a case to answer on the second count. The appellant argued that the evidence from the traffic officer, who used a laser gun to measure the speed of the appellant's vehicle, was sufficient to uphold the conviction, even without a certificate of calibration. The officer testified that the device was working correctly and that he had tested it at the beginning and end of his shift.

The court examined whether the common law presumption of the accuracy of scientific instruments applied to the laser gun used in this case. The court found that the laser gun was not an instrument of the same reliability as more commonly used scientific instruments such as thermometers or clocks. Additionally, the court noted that legislative provisions governing the use of such devices may override any common law presumptions. Consequently, the court held that the magistrate erred in dismissing the charges without sufficient evidentiary support. The court allowed the appeal, set aside the magistrate's orders, and remitted the matter for rehearing before another magistrate.