Zoneff v The Queen

Zoneff v The Queen concerned an appeal to the High Court of Australia following a conviction for the offence of driving a motor vehicle whilst under the influence of alcohol. The appellant, Zoneff, had been convicted in the Magistrates Court of South Australia and his appeal to the Supreme Court of South Australia was dismissed.

The central legal issue before the High Court was whether the evidence obtained from a breath analysis instrument was admissible in circumstances where the police officer administering the test had not been authorised by a certificate issued under the relevant legislation. Specifically, the Court had to consider the interpretation of section 47E(2) of the *Road Traffic Act 1961* (SA), which stipulated that a certificate of authorisation was required for the breath analysis instrument to be used.

The High Court, by majority, held that the evidence of the breath analysis was inadmissible. The Court reasoned that the requirement for a certificate of authorisation under section 47E(2) was a condition precedent to the lawful use of the breath analysis instrument and the admissibility of the results obtained. Gleeson CJ, Gaudron and Gummow JJ emphasised that the statutory provision was clear and unambiguous, and that to admit the evidence would be to disregard a mandatory statutory requirement designed to ensure the reliability and fairness of such evidence. Kirby and Callinan JJ dissented, arguing for a more purposive interpretation of the legislation.

The appeal was allowed, the conviction was quashed, and a retrial was ordered.