NSW Caselaw
EDWARDS v MACRAE
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
GLEESON CJ, SAMUEL AP and MEAGHER JA 2 May 1991, 5 July 1991 [1991] NSWCA 88
VEHICLES AND TRAFFIC — OFFENCES — prescribed concentration of alcohol. Stated case — magistrate dismisses charge on ground that evidence raised an issue of automatism and prosecution had not discharged onus of proving defendant's conduct was voluntary — Supreme Court judge (Gyles AJ) held that automatism was not a possible answer to a charge under Motor Traffic Act 1909 s4E(1G) — HELD — the trial judge had erred and automatism was a possible answer to such a charge.
R v Falconer (1990) 65 ALJR 20, Hill v Baxter [1958] | QB 277, R v Turnbull (1944) 44 SR (NSW) 108, The Queen v O'Connor (1980) 146 CLR 64 considered. R v Glennan (1970) 91 WN (NSW) 609 distinguished. R v Quick [1973] QB 910 at 922 not followed.
PRACTICE AND PROCEDURE - Stated Case - HELD - the Stated Case was defective in form in not raising questions for decision and the Court would not embark upon a consideration of whether the evidence in the instant case properly raised an issue of automatism.
Gleeson CJ The principal issue in this appeal is whether what is sometimes described as automatism can be raised in any, and, if so, what, circumstances as an answer to a charge that a person was guilty of driving a motor vehicle whilst there was present in his blood the concentration of alcohol prescribed by statute.
The offence in question is created by the Motor Traffic Act 1909-1986 which, at the time of the conduct the subject of this appeal, was in the following terms:
"S4E -
(1G) Any person who while there is present in his blood the high range prescribed concentration of alcohol:
(a) drives a motor vehicle; or
(b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, shall be guilty of an offence under this Act and shall be liable
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