Saade v Police

Case

[2005] SASC 437

10 November 2005


Details
AGLC Case Decision Date
Saade v Police [2005] SASC 437 [2005] SASC 437 10 November 2005

CaseChat Overview and Summary

In the case of Saade v Police, the appellant contested their conviction for driving with a blood alcohol content above the prescribed limit. The appellant was stopped by police and required to provide breath samples for analysis. The key issues before the court were whether the statutory requirements for providing a written statement of the analysis results and the proper operation of the breath analysing instrument were met. Additionally, the court needed to determine whether the instrument was in proper order at the time of the analysis.

The court considered the statutory provisions and held that the appellant's conviction should stand. The written statement provided by the police was deemed sufficient to meet the statutory requirement. Furthermore, the court found that the breath analysing instrument was operated by an authorised operator and was in proper order, as per the statutory requirements. The court held that the statutory requirements had been satisfied, and therefore the conviction was upheld.

Consequently, the appeal was dismissed. The court confirmed that the statutory procedures for breath analysis were followed, and the conviction for driving with a blood alcohol content above the prescribed limit was valid. The court's decision emphasised the importance of compliance with statutory requirements in such proceedings.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

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Cases Citing This Decision

10

Police v Nelson [2017] SASC 146
Humzy v Police [2009] SASC 50
Cases Cited

2

Statutory Material Cited

1

Police v Harvey [1999] SASC 233
Police v Harvey [1999] SASC 233
Police v Harvey [1999] SASC 233