Singh v Police

Singh was charged with driving with a blood alcohol concentration above the legal limit. The case was heard in the Supreme Court of Victoria. The central issue before the court was whether the failure to deliver a properly approved blood test kit to the defendant constituted a deficiency that could undermine the presumption of the blood alcohol concentration as indicated by the breath analysing instrument.

The court considered the statutory provisions and determined that the absence of a properly approved blood test kit did not necessarily undermine the presumption established by the legislation. The court emphasised that the presumption of the blood alcohol concentration as indicated by the breath analysing instrument was conclusive unless there was evidence to the contrary. The court further found that the prosecution did not need to prove the accuracy of the blood test kit provided to the defendant to uphold the presumption. The court concluded that the failure to provide a properly approved kit did not affect the presumption under s 47G(1) unless it was shown that the defendant was unable to comply with the prescribed procedures for taking a blood sample due to the deficiency.

The court ruled in favour of the prosecution, finding that the failure to deliver a properly approved blood test kit did not negate the presumption of the blood alcohol concentration as indicated by the breath analysing instrument. The conviction was upheld.