Federal Court of Australia
CATCHWORDS
Vehicles and traffic - Driving with prescribed concentration of alcohol - Breath Analysis - Non-compliance with procedures of Motor Traffic (Alcohol and Drugs) Ordinance and regulations - Whether procedures before and after analysis relate to the carrying out of analysis ~- Whether compliance with each provision
of the Ordinance is an element of offence under s.19.
Motor Traffic (Alcohol and Drugs) Ordinance ss.4(1), 12(5), 19,
42.
Motor Traffic (Aicohol and Drugs) Requiations regs. 4, 5.
DAVID WILLIAM WEBB v DENNIS BARRY HARRIS
A.C.T. G 26 of 1983
~
CORAM; Bowen C.J., Gallop and Davies Jd. 19 December 1983
Canberra
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. A.C.T. G26 of 1983
GENERAL DIVISTON
On appeal from the Supreme Court of the Australian Capital Territory
BETWEEN: DAVID WILLIAM WEBB
Appellant AND: DENNIS BARRY HARRIS Respondent ORDER
JUDGES MAKING ORDER: Bowen C.d., Gallop and Davies Jd. WHERE MADE: Canberra DATE: 19 December 1983.
THE COURT CRDERS THAT:
1. The appeal be dismissed.
2. David William Webb pay to Dennis Barry Harris his costs of
the appeal.
IN _ THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. A.C.T. G26 of 1983
GENERAL DIVISION
On appeal from the Supreme Court of the Australian Capital Territory
BETWEEN: DAVID WILLIAM WEBB
Appeliant AND: DENNIS BARRY HARRIS
Respondent
CORAM : Bowen C.J., Gallop and Davies JJ.
DATE: 19 December 1983.
REASONS FOR JUDGMENT
BOWEN C.J. Mr. Webb was convicted by the Court of Petty
Sessions of the Australian Capital Territory on 8 June 1982 of an
offence against s.19 of the Motor Traffic (Alcohol and Drugqs)
Ordinance 1977 ("the Ordinance"). He appealed to the Supreme Court of the Territory against this conviction but his appeal was
dismissed on 27 May 1983. He now appeals to this Court against
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