R v CAMILLERI [2007] NSWCCA 36

Reported Decision: 169 A CRIM R 197

New South Wales Court of Criminal Appeal

CITATION: R v CAMILLERI [2007] NSWCCA 36

HEARING DATE(S): 14 February 2007

JUDGMENT DATE: 20 February 2007

JUDGMENT OF: McClellan CJ at CL at 1; Bell J at 38; Howie J at 39

DECISION: 1. Crown appeal allowed; 2. The order of McLoughlin DCJ rejecting evidence relating to the blood sample is quashed.

CATCHWORDS: CRIMINAL LAW - Appeal by the Crown against judgment - drink driving - unlawful taking of blood - reliance on blood analysis evidence to establish blood alcohol level - blood sample ruled inadmissible by District Court - evidence central to the Crown's case - whether Crown entitled to rely on the evidence - probative value of the evidence - public policy considerations

Crimes Act 1900 NSW LEGISLATION CITED: Criminal Appeal Act 1912 Evidence Act 1995 Road Transport (Safety and Traffic Management) Act 1999

Lill v Thompson Loveday J, unreported, NSWSC 30 January 1989; (1989) 8 MVR 300 CASES CITED: R v Dalley (2002) 132 A Crim R 169 R v EM (2003) NSWCCA 374

PARTIES: The Crown (Appl) Rodney James Camilleri (Resp)

FILE NUMBER(S): CCA 2007/402

COUNSEL: D C Frearson SC/N Noman (Crown/Appl) A Haesler SC ( Resp)

SOLICITORS: Director of Public Prosecutions (Crown/Appl) Clark Rideaux Solicitors (Resp)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/41/0015

LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ

LOWER COURT DATE OF DECISION: 8 February 2007

IN THE COURT OF CRIMINAL APPEAL 2007/402