Police v Wratten [2005] NSWLC 2

Police v Wratten [2005] NSWLC 2

The test was administered outside the accused's place of abode; prosecution established this beyond reasonable doubt. Therefore, the evidence from both the breath test and breath analysis is admissible.

Jurisdiction
Australia
Judgment Date
15 July 2004
Procedural Posture
Criminal / First Instance
Outcome
prosecution successful
Legal Topics
['drink Driving' 'breath Test' 'admissibility of Evidence']
['criminal Law' 'traffic Law'] ['drink Driving' 'breath Test' 'admissibility of Evidence']

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Procedural Posture

Criminal / First Instance

Legal Issues

  1. 1 ["Whether the breath test was conducted at the accused's usual place of abode" 'Admissibility of subsequent breath analysis evidence if initial breath test was at place of abode']

Ratio Decidendi

The test was administered outside the accused's place of abode; prosecution established this beyond reasonable doubt. Therefore, the evidence from both the breath test and breath analysis is admissible.

Court Disposition

prosecution successful

Orders

  • []