18 Feb 2021
The Supreme Court granted an unopposed extension of time but dismissed the application for leave to appeal because it was not in the interests of justice to hear the proposed appeal pre-trial; the substantive issues can be raised on appeal if the applicant is convicted, and a publication prohibition was necessary to protect a fair trial.
12 Jul 2017
Court found a breach of s 23(5) (failure to treat detainee with humanity and respect) and that the breath screening result was obtained in consequence of that breach, thus improperly obtained under s 30(5)(a); however, applying the s 30(2)(b) balancing factors the Court held exclusion was not proportionate because the impropriety was inadvertent, the breath evidence was reliable, the offending was serious and public safety considerations outweighed the reasons for exclusion, so the evidence was admissible and the appeal was dismissed.