9 May 2019
BOOKER v R [2019] NZCA 149
- Citation
- [2019] NZCA 149
- Court
- Court of Appeal
The jury were properly directed that the Crown had to prove the appellant consciously refused to permit a blood specimen; the jury could properly find beyond reasonable doubt that refusal occurred while conscious on the evidence; the statutory prerequisites in s 73(5) were satisfied on the evidence and by the medical certificate which was not challenged; statutory protection in s 73(7) means Bill of Rights claims do not negate the operation of s 73, therefore the conviction stands.