Director of Public Prosecutions v Langford [2012] NSWSC 310

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Langford [2012] NSWSC 310 Hearing dates: 28/02/2012 Decision date: 04 April 2012 Before: Fullerton J Decision: 1. The appeal is upheld. 2. The order of Magistrate McIntyre made on 15 July 2011 is set aside. 3. The matter is to be remitted to the Local Court to be dealt with according to law. 4. The defendant is to pay the plaintiff's costs of and incidental to the summons. 5. An indemnity certificate under s 6 of the Suitors' Fund Act 1951 is granted to the defendant. Catchwords: APPEAL FROM LOCAL COURT - appeal against order by Magistrate to dismiss proceedings - drive motor vehicle with high range prescribed concentration of alcohol - exclusion of improperly or illegally obtained evidence - whether Magistrate erred in law in refusing to exercise discretion under s 138 of Evidence Act - whether Magistrate failed to give proper account to factors required under s 138(3) of Evidence Act - whether Magistrate erred in disregarding very high blood alcohol reading indicated by certificate of analysis Legislation Cited: Crimes (Appeal and Review) Act 2001 Evidence Act 1995 Road Transport (Safety and Traffic Management) Act 1999 Suitors' Fund Act Cases Cited: DPP v CAD [2003] NSWSC 196 DPP (NSW) v Illawarra Cashmart Pty Ltd [2006] NSWSC 343; 67 NSWLR 402 Fleming v R [2009] NSWCCA 233 House v R [1936] HCA 40; 55 CLR 499 Parker v Comptroller-General of Customs [2009] HCA 7 Police v Murray [2011] NSWLC 1 R v Camilleri [2007] NSWCCA 36 R v Em [2003] NSWCCA 374 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Emma Jane Langford (Defendant) Representation: Counsel: A Mitchelmore (Plaintiff) A Conwell (Defendant) Solicitors: Solicitor for Public Prosecutions (Plaintiff) Nyman Gibson Stewart Solicitors (Defendant) File Number(s): 2011/360811 Decision under appeal Jurisdiction: 9109 Date of Decision: 2011-07-15 00:00:00 Before: McIntyre LCM