I certify that I tested…nothing! Alcohol & drug-driving tests in the spotlight

A recent case in the County Court has set the cat amongst the pigeons, after highlighting that some alcohol and drug-driving tests weren’t done by the person named on a certificate of analysis tendered by the prosecution.The case was Warren v Wesselman, an appeal at the County Court at Shepparton in May 2013, before Judge …

Continue reading I certify that I tested…nothing! Alcohol & drug-driving tests in the spotlight

I certify that I tested…nothing! Alcohol & drug-driving tests in the spotlight

A recent case in the County Court has set the cat amongst the pigeons, after highlighting that some alcohol and drug-driving tests weren’t done by the person named on a certificate of analysis tendered by the prosecution.The case was Warren v Wesselman, an appeal at the County Court at Shepparton in May 2013, before Judge …

Continue reading I certify that I tested…nothing! Alcohol & drug-driving tests in the spotlight

Dupas v The Queen [2012] VSCA 328: trial judges do not have to assume the evidence presented to them is correct when assessing its probative value

In Dupas v The Queen [2012] VSCA 328 the Victorian Court of Appeal, sitting as a bank of five judges, declined to follow the precedent of R v Shamouil (2006) 66 NSWLR 228, a decision of the NSW Court of Criminal Appeal. In Shamouil, a mid-trial Crown appeal on the exclusion of key prosecution evidence, …

Continue reading Dupas v The Queen [2012] VSCA 328: trial judges do not have to assume the evidence presented to them is correct when assessing its probative value

Foster v Harris [2012] VSC 637: technical challenges to speeding offences

The appeal in Foster v Harris [2012] VSC 637 considered technical arguments about a speeding charge. It was handed down just before Christmas.There were two broad issues:1) did the charge information contain sufficient information; and 2) did the certificate of testing of the prescribed device comply with the regulations, making it admissible.The magistrate determined both …

Continue reading Foster v Harris [2012] VSC 637: technical challenges to speeding offences