Appeal of Judith Walsh [2006] NSWDC 104

New South Wales District Court

CITATION: Appeal of Judith Walsh [2006] NSWDC 104

HEARING DATE(S): 19/09/06 EX TEMPORE JUDGMENT DATE : 09/19/2006

JUDGMENT OF: Nicholson SC DCJ

DECISION: Prosecution has proved offence beyond reasonable doubt

CATCHWORDS: Criminal Law - Conviction Appeal from Local Court - Driving with High Range PCA - issue one of whether Appellant driving.

LEGISLATION CITED: Road Transport (Safety and Traffic Management) Act 1999.

PARTIES: Judith Walsh (Appellant) Regina (Respondent)

FILE NUMBER(S): 06/22/1165

SOLICITORS: Mr H Weller (Appellant) Ms Graham (Respondent)

JUDGMENT

1 HIS HONOUR: On 2 July 2005 Judith Walsh was charged that she was driving with a high range prescribed concentration of alcohol.

2 On 3 April 2006 she pleaded not guilty in the Local Court at Windsor. Magistrate Cullen found her guilty.

3 Her defence was that she was not driving the relevant vehicle. She also argued before the Local Court that his Honour could not be satisfied beyond reasonable doubt that the breath-testing machine had accurately recorded the grams of alcohol per one hundred millilitres of blood in her veins.

4 The prosecution case comprised two witnesses; one as to the circumstances of apprehension and testing, the other as to the accuracy of the reading and correctness of procedures used with the breath-testing machine.

5 The defence had three witnesses; Judith Walsh, her husband Russell Walsh and Dennis Jordan, a friend of her husband.

6 Judith Walsh has appealed against her conviction. The Court's task is to rehear the matter upon the transcripts and such other exhibits as are admitted by leave to determine whether the Crown has proved the guilt of the appellant beyond reasonable doubt. Leave has been given for road directory maps of the Wiseman's Ferry area and of the Central Coast area to be tendered.