Wheaton v Wilson

In *Wheaton v Wilson*, the parties were the appellant, Mr. Wheaton, and the respondent, the Commissioner of Police. The dispute concerned the admissibility of evidence obtained from a radar speed analysing device used to prove a speeding offence. The matter came before the Full Court of the Supreme Court of Tasmania.

The central legal issue before the Full Court was whether the evidence of the speed recorded by the radar device was admissible in the absence of proof that the device had been calibrated and tested in accordance with specific regulations. The court was required to determine the evidentiary requirements for proving speed in traffic matters when relying on such technological devices.

The Full Court held that the evidence of the speed recorded by the radar device was inadmissible. The court reasoned that for evidence derived from a scientific instrument to be admissible, there must be proof that the instrument was functioning correctly at the time of the alleged offence. This required evidence of proper calibration and testing of the device, as stipulated by relevant regulations. Without such proof, the evidence was considered unreliable and therefore inadmissible.

Consequently, the Full Court allowed the appeal, quashed the conviction, and ordered that the charge be dismissed.