NSW Caselaw
New South Wales Supreme Court
CITATION : Director of Public Prosecutions v Skewes [2002] NSWSC 1008 CURRENT JURISDICTION: Common Law Criminal FILE NUMBER(S) : SC 12291/02 HEARING DATE(S) : 22 October 2002 JUDGMENT DATE : 12 November 2002
PARTIES : Director of Public Prosecutions Rohan Earl Skewes JUDGMENT OF : Sperling J at 1
LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT MacPherson LCM JUDICIAL OFFICER :
COUNSEL : Mr R Hulme SC for the Crown Mr T Khan (Solicitor) for the Respondent SOLICITORS : Mr SE O'Connor for the Director of Public Prosecutions Egan Murphy Solicitors for the Respondent CATCHWORDS : Criminal Law - driving with prescribed concentration of alcohol - breath test required on driveway of home unit block where the person resided - whether a breath test was required of the person at his "place of abode" - the prosecution having failed on that issue, whether there was a discretion to admit the subsequent breath analysis certificate LEGISLATION CITED : Criminal Appeal Act 1912, s5B Road Transport (Safety and Traffic Management) Act 1999, s4E, s9, s13, s14, s15, s17, s33 Clampett (1983) 11 ACrimR 103 Haberhauer v Simek (1991) 9 Petty Sessions Review 4235 CASES CITED : Hope v Bathurst City Council (1980) 144 CLR 1 Methuen-Campbell v Walters [1979] QB 525 Vatner (1992) 29 NSWLR 311 DECISION : 1. Summons dismissed; 2. The plaintiff to pay the defendant's costs.
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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