Police v O'Brien [2008] NSWLC 12

Local Court of New South Wales

CITATION: Police v O'Brien [2008] NSWLC 12

JURISDICTION: Criminal

PARTIES: Police O'Brien

FILE NUMBER:

PLACE OF HEARING: Bega Local Court

DATE OF DECISION: 06/18/2008

MAGISTRATE: Magistrate C Bone

CATCHWORDS: PCA - usual place of abode

LEGISLATION CITED: Sections 13, 15, 17 Road Transport (Safety and Traffic) Management Act 1999 Section 138 Evidence Act 1995

Bunning v. Cross DPP v. Skewes (2002 NSWSC 1008) DPP v. Linnett (2006 Supreme Court 1086, Buddin, J.). CASES CITED: Germolus v. Higginbotham (NSWSC unreported 12th November, 1993) Haberhauer v. Simek (1991 9 Petty Sessions Review 4235) In the Appeal of Lodge (NSWDC, Phelan DCJ, 24th April, 1992) Merchant v. The Queen Shenton v Hayhurst (NSWSC unrep 9 October 1992)

TEXTS CITED:

REPRESENTATION: Sgt. D. Pearce, police prosecutor, for the prosecutor Ms. R. Chalmers, solicitor, for the accused

ORDERS:

Reasons for Decision

1 It is alleged against the accused, Matthew James O'Brien, that he drove a motor vehicle at Bega on 25th December, 2007, while there was present in his blood the high range prescribed concentration of alcohol (HRPCA). The solicitor for the accused indicated at the commencement of the case that there would be an objection to the admissibility of the breath analysis certificate and that that objection would be based on the fact that the breath test and arrest of the accused had occurred at his home. A deal of the evidence which I subsequently heard was taken on the "voire dire" in order to properly consider the objection.