Tran v Commissioner of Police, New South Wales Police Service

In the matter of Tran versus the Commissioner of Police, New South Wales Police Service, the applicant sought judicial review of the revocation of his driver’s licence. The revocation followed an incident in which the applicant was alleged to have driven under the influence of alcohol. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the decision to revoke the applicant's licence was lawful and justified under the relevant statutory provisions. The court had to consider whether there was sufficient evidence to support the finding that the applicant was driving under the influence and whether the penalty of licence revocation was appropriate in the circumstances. The court also needed to examine whether the applicant's right to procedural fairness was observed during the administrative process leading to the revocation.

The court determined that the evidence presented was insufficient to support a finding that the applicant was driving under the influence of alcohol. The primary evidence relied upon was the result of a breathalyser test, which the court found to be unreliable due to potential calibration errors. Additionally, the court found that the applicant's right to procedural fairness had been compromised, as he was not provided with an opportunity to challenge the accuracy of the breathalyser test results. Consequently, the court held that the decision to revoke the applicant's licence was unlawful. The revocation was set aside, and the court ordered that the applicant's licence should be re-issued.