DPP v Bignill [2015] NSWSC 668

Supreme Court New South Wales

Medium Neutral Citation: DPP v Bignill [2015] NSWSC 668 Hearing dates: 29 May 2015 Decision date: 01 June 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Allow the appeal.

(2) Set aside the order of Magistrate Pierce, made on 5 September 2014 at Downing Centre Local Court, dismissing the charge against the defendant of drive with low range PCA (second or subsequent offence) contrary to s 110(3)(a) of the Road Transport Act 2013.

(3) Remit the matter to the Local Court to be dealt with according to law.

(4) Unless either party makes a written application to my Associate within seven days for a different order, order the defendant to pay the costs of the proceedings. Catchwords: CRIMINAL LAW – appeal from Local Court to Supreme Court pursuant to Crimes (Appeal and Review) Act 2001 (NSW), s 56 – low range PCA offence – breath analysis recorded reading of 0.054 – subsequent blood analysis recorded reading of 0.049 – whether Local Court Magistrate erred in holding that defendant entitled to rely on deeming provision in Road Transport Act 2013 (NSW), Sch 3 cl 31 to discharge onus or whether deeming provision only operated in favour of reading relied on by prosecution – consideration of proper construction of clause – appeal allowed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 56 Interpretation Act 1987 (NSW), s 33 Road Transport Act 2013 (NSW), ss 110, 114, Sch 3 cll 1, 4, 5, 21, 31, 35 Traffic Act 1909 (NSW), ss 4E, 4G Cases Cited: Commissioner for Railways v Bain [1965] HCA 5; 112 CLR 246 DPP v Sadler [2013] NSWSC 718 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; 250 CLR 503 Police v Dunstall [2014] SASCFC 85; 120 SASR 88 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R v Relton (Court of Criminal Appeal, unreported, 28 July 1994, Meagher JA, Abadee and Blanch JJ) R v West (1974) 3 PSR 1273 Thiess v Collector of Customs [2014] HCA 12; 250 CLR 664 Ujvary v Medwell (1985) 39 SASR 418 Texts Cited: House of Assembly Hansard, 4 December 1968 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) Thomas Mason Bignill Representation: Counsel: A Mitchelmore (Plaintiff) P Doherty SC/D Morgan (Defendant)