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Statutory Material Cited
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Agar v McCabe & anor
[2015] VSC 378
Citation 1
(Para 27)
…f law has been affirmed in successive Supreme Court decisions. See also Agar v Petrov [20015] VSC 168; Agar v McCabe [2014] VSC 309 and Agar v McCabe [2015] VSC 378 at paragraphs 20-23. In this last decision, Her Honour Zammit J sets out the relevant test as follows:…
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Agar v McCabe
[2014] VSC 309
Citation 2
(Para 27)
…This principle of law has been affirmed in successive Supreme Court decisions. See also Agar v Petrov [20015] VSC 168; Agar v McCabe [2014] VSC 309 and Agar v McCabe [2015] VSC 378 at paragraphs 20-23. In this last decision, Her Honour Zammit J sets out the relevant test as follows:…
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O'Connor v County Court
[2014] VSC 295
Citation 3
(Para 31)
…ed device and his description of it is indeed very close to the language used in Regulation 16. See also O’Connor v County Court of Victoria & Anor [2014] VSC 295 at paragraph 56 where the Court of Appeal held that it was a matter for the judge whether there was a relevant discrepancy between the evidence of a po…
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DPP v Cummings
[2006] VSC 327
Citation 4
(Para 26)
…ing of the phrase `evidence to the contrary’ has been judicially considered in the context of drink driving and speeding cases. In DPP v Cummings [2006] VSC 327, his Honour Kellam J stated (at paragraph 35):…
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Sirajuddin v Ziino
[2005] VSC 418
Citation 5
(Para 32)
…In his submissions, Mr Hardy further relies on the authority in Sirajuddin v Ziini [2005] VSC 418. The effect of that decision is that the Prosecution must lead evidence that preliminary breath tests are conducted by prescribed devices as this is an element of the offence (see paragraphs 51 to 62). I do not disag…