DPP v Bignill
[2015] NSWSC 668
At a glance
Source factsCourt
Supreme Court of NSW
Decision date
2015-05-29
Before
Adamson J, Meagher JA, Blanch JJ
Catchwords
- 112 CLR 246 DPP v Sadler [2013] NSWSC 718 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55
- 250 CLR 503 Police v Dunstall [2014] SASCFC 85
- 120 SASR 88 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28
Source
Original judgment source is linked above.
Catchwords
Judgment (14 paragraphs)
Introduction
- The Director of Public Prosecutions (NSW) appeals pursuant to s 56(1)(a) of the Crimes (Appeal and Review) Act 2001 (NSW) against the order made by Pierce LCM on 5 September 2014 dismissing a charge against Thomas Bignill, the defendant, of drive with low range Prescribed Concentration Alcohol (second or subsequent offence) contrary to s 110(3)(a) of the Road Transport Act 2013 (NSW) (the Act).
- The plaintiff, in a summons filed on 17 December 2014, relied on the following grounds of appeal, each of which was accepted to involve a question of law alone: "1 holding that the defendant was entitled to rely on a deeming provision, namely cl 31(3) of sch 3 to the Road Transport Act 2013, in relation to evidence adduced by the defendant as to the alcohol concentration in the defendant's blood; 2 taking into account the above erroneous finding in determining whether the defendant had discharged the onus prescribed under cl 31(3)(c) of sch 3 to the Road Transport Act 2013; 3 applying the wrong test in determining whether the defendant had discharged the onus prescribed under cl 31(3)(c) to the Road Transport Act 2013; in that the court below failed to consider whether the defendant had established, on the balance of probabilities, that the concentration of alcohol in the defendant's breath or blood was less that 0.05 grams of alcohol in 210 litres of breath or 100 millilitres of blood at the actual time of driving; and 4 failing to give adequate reasons for its determination."