DRAPER v THE DIRECTOR OF PUBLIC PROSECUTIONS and ANOR [1994] NSWCA 86

DRAPER v THE DIRECTOR OF PUBLIC PROSECUTIONS and ANOR [1994] NSWCA 86

By majority, it was open to the District Court judge to convict of a 'low range' PCA offence after rejecting the certificate, based on the available evidence and expert opinion (properly supported), and no breach of natural justice was demonstrated; accordingly, no jurisdictional error was established to warrant prerogative relief.

Parties
Claimant: Paul Francis Draper; 1st Opponent: Director of Public Prosecutions (NSW); 2nd Opponent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
13 October 1994
Procedural Posture
Application for Prerogative Relief / Judicial Review / Court of Appeal (supreme Court of Nsw), Review of District Court Decision on Appeal From Local Court Conviction
Outcome
Summons dismissed with costs (by majority).
Legal Topics
Prescribed Concentration of Alcohol (pca) Offences, Alternative Verdicts, Procedural Fairness/natural Justice, Expert Evidence, Prerogative Writs
Criminal Law Administrative Law Evidence Motor Traffic Law Prescribed Concentration of Alcohol (pca) Offences Alternative Verdicts Procedural Fairness/natural Justice Expert Evidence +1 more

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Parties

Paul Francis Draper

Claimant

Director of Public Prosecutions (NSW)

1st Opponent

District Court of New South Wales

2nd Opponent

Procedural Posture

Application for Prerogative Relief / Judicial Review / Court of Appeal (supreme Court of Nsw), Review of District Court Decision on Appeal From Local Court Conviction

Legal Issues

  1. 1 Whether the District Court judge erred in convicting the claimant of a 'low range' PCA offence notwithstanding the charge of a 'high range' offence and the rejection of the certificate evidence
  2. 2 Whether it was open to the judge to find the lesser offence proved on evidence other than the certificate
  3. 3 Whether the requirements of procedural fairness/natural justice were breached by convicting of a lesser (low range) offence without warning

Ratio Decidendi

By majority, it was open to the District Court judge to convict of a 'low range' PCA offence after rejecting the certificate, based on the available evidence and expert opinion (properly supported), and no breach of natural justice was demonstrated; accordingly, no jurisdictional error was established to warrant prerogative relief.

Court Disposition

Summons dismissed with costs (by majority).

Orders

  • Summons dismissed with costs.
  • (Kirby P dissenting: would have quashed the order, remitted the matter for rehearing, and ordered costs to claimant.)