Police v Parker [2013] NSWLC 10

Local Court New South Wales

Medium Neutral Citation: Police v Parker [2013] NSWLC 10 Hearing dates: 15/01/2013 Decision date: 22 January 2013 Before: Magistrate Bone Decision: The accused was an "accident patient" within the meaning of the Road Transport (Safety and Traffic Management) Act. The certificates as to the taking of a blood sample and its analysis are to be admitted into evidence. Catchwords: EVIDENCE - admissibility of certificates as to the taking of a blood sample and its analysis - taking of blood sample from an "accident patient" under the Road Transport (Safety and Traffic Management) Act - whether the accused an "accident patient" Legislation Cited: Road Transport (Safety and Traffic Management) Act 1999 Cases Cited: Bell v Wood (1989) 15 NSWLR 708 Fenton v J Thorley & Co Ltd [1903] AC 443 Category: Procedural and other rulings Parties: Police David Mervyn Parker (the accused) Representation: Det Const C Mortimer (for the prosecution) Mr P Bevan (for the accused) File Number(s): 2012/259416

Judgment

Reasons for Decision 1It is alleged against David Mervyn Parker that he drove a motor vehicle at Araluen on 3 March 2012, while there was present in his blood the middle range prescribed concentration of alcohol. It is the prosecution case that a sample of the accused's blood was taken by a nurse at Braidwood Hospital and that evidence relating to that sample and its analysis should be admitted into evidence. The defence have objected to the admissibility of that evidence.

The facts 2The facts which I accept for the purposes of determining the admissibility of the evidence are as follows. Sometime between 7pm and 7.30pm on Saturday 3 March 2012, the accused attempted to drive a motor vehicle through a creek which flows across a minor road near Araluen. The vehicle had traversed the creek successfully some time earlier but there had been heavy rain in the meantime, the water was deeper and faster than the accused had expected and the vehicle stalled because of the water. The accused and passengers alighted from the vehicle but were in dire straits. As it turned out one passenger died. The accused climbed onto a tree and was there for some time before he was rescued. He was subsequently taken to Braidwood Hospital and was admitted suffering from hypothermia. At 11.20pm a nurse, Janine Bradley, took a blood sample from the accused and that sample was subsequently analysed by Diana De Losa. 3The prosecutor seeks to have certificates completed by Ms Bradley and Ms De Losa admitted into evidence. The accused opposes this course arguing that Ms Bradley did not have the right to take the sample because the accused was not an "accident patient".