Police v Douglas

The Police appealed to the Full Court of the Supreme Court of South Australia against a decision of a single Judge of that Court. The single Judge had allowed the defendant's appeal and set aside his conviction for driving a motor vehicle with a prescribed concentration of alcohol in his blood, contrary to section 47B(1)(a) of the *Road Traffic Act 1961* (SA). The defendant had initially been convicted by a Magistrate.

The legal issues before the Full Court were whether the conclusions reached by the single Judge were open to him on the evidence presented. Specifically, the Court considered whether the Magistrate had erred in concluding that the breath analysis reading was not exaggerated within the meaning of section 47K(1a)(b) of the *Road Traffic Act 1961* (SA).

The Full Court reasoned that the expert evidence, which suggested the defendant's blood alcohol concentration was approximately 0.06 per cent at the time of the breath analysis, was irreconcilable with the police breath analysis reading of 0.098 per cent. The Court found that the single Judge's conclusions were open to him on the evidence. Furthermore, the Court determined that the evidence, on the balance of probabilities, established that the breath analysis reading was exaggerated. Consequently, the appeal was dismissed.