Thorpe v Roads and Maritime Services [2018] NSWLC 24

Thorpe v Roads and Maritime Services [2018] NSWLC 24

The appeal was upheld because the Court accepted Mr Thorpe's evidence, found that Atrovent use caused the positive interlock alcohol readings when he had not consumed alcohol by drinking, and was satisfied on the balance of probabilities that it was appropriate to set aside the RMS decision.

Jurisdiction
Australia
Judgment Date
07 November 2018
Procedural Posture
Appeal to Local Court Against Decision of Roads and Maritime Services to Extend Interlock Compliance Period / Decision After Hearing
Outcome
Appeal upheld. Decision of RMS set aside.
Legal Topics
['interlock Licence Condition' 'interlock Compliance Period' 'positive Alcohol Readings' 'prescribed Medication' 'appealable Decision']
['criminal' 'road Transport' 'driver Licensing'] ['interlock Licence Condition' 'interlock Compliance Period' 'positive Alcohol Readings' 'prescribed Medication' 'appealable Decision']

Case Brief

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Procedural Posture

Appeal to Local Court Against Decision of Roads and Maritime Services to Extend Interlock Compliance Period / Decision After Hearing

Legal Issues

  1. 1 ["Whether the RMS decision to vary the conditions of Mr Thorpe's interlock driver licence and extend his participation in the interlock program should be set aside." "Whether positive alcohol readings recorded by the interlock device were caused by Mr Thorpe's prescribed Atrovent inhaler rather than alcohol consumption."]

Ratio Decidendi

The appeal was upheld because the Court accepted Mr Thorpe's evidence, found that Atrovent use caused the positive interlock alcohol readings when he had not consumed alcohol by drinking, and was satisfied on the balance of probabilities that it was appropriate to set aside the RMS decision.

Court Disposition

Appeal upheld. Decision of RMS set aside.

Orders

  • ['Appeal upheld.' 'Decision of RMS set aside.']