Federal Court of Australia
wy Bs
CATCHWORDS
MOTOR TRAFFIC - Blood concentration of alcohol exceeding 80 milligrams per 100 millilitres of blood - Person deemed to have blood concentration shown by blood. test or blood analysis at time of occurrence of "event" giving rise to requirement of police member of blood test or blood analysis - Requirement of police member that respondent submit to blood analysis "- Interval of time between driving and requirement - Period of time to which
deeming provision relates.
Traffic Act 1983 (N.T.) ss.8, 8C, 8D.
Rowlands v Hamilton £1971] 1 Q.L.R. 647, Beckwith v The Queen
(1976) 135 C.L.R. 569, Waugh v Kippen (High Court of Australia, unreported, 20 March 1986) referred to.
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALTA
No. NIG 30 of 1985
GEORGE HENRY SERARS v COLIN JOHN McMELLON
Toohey, Beaumont and Wilcox JJ Darwin 11 April 1986
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY No. NIG 30 of 1985
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE
NORTHERN TERRITORY OF AUSTRALIA
BETWEEN: GEORGE HENRY SEEARS
Appellant AND: COLIN JOHN McMELLON
Respondent
COURT: TOOHEY, BEAUMONT and WILCOX JJ
DATE: 11 APRIL 1986
PLACE: DARWIN
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The order of the Supreme Court, to the extent to which
it allowed the appeal against conviction under s.8(2) of the Traffic Act (N.T.) and quashed that conviction and penalty imposed upon the respondent in that behalf, be set aside; in lieu thereof, order that, to that extent,
the appeal to the Supreme Court be dismissed.
ul
n .
The respondent be granted a certificate under s.6 of the Federal Proceedings (Costs) Act 1981 in respect of the
costs incurred by him in relation to the appeal to this
Court.
Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.
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