Full Court Minute Books

Case A5/2015

Police v. Dunstall

Case No.


Case Information

Lower Court Judgment

25/07/2014 Supreme Court of South Australia(Kourakis CJ, Gray & Sulan JJ)

[2014] SASCFC 85


Criminal law – Evidence – Judicial discretion to admit or exclude evidence – Evidence unfair to admit or improperly obtained – Generally – Where the respondent was charged with driving a motor vehicle while there was present in his blood the prescribed concentration of alcohol in contravention of s 47K(5) of the Road Traffic Act 1961 (SA) – Where the respondent was subject to a breath analysis test and two blood samples were taken – Where the blood samples were denatured and unsuitable for analysis – Where the breath analysis evidence was excluded on the basis of unfairness – Whether there is a general judicial discretion to excluded lawfully obtained, non-confessional evidence for reasons of unfairness – If there is a general judicial discretion, what amounts to unfairness to enliven the discretion.

Short particulars


13/03/2015 Hearing (SLA, Adelaide)

25/03/2015 Notice of appeal

08/04/2015 Written submissions (Appellant)

08/04/2015 Chronology (Appellant)

20/04/2015 Notice of Constitutional Matter (Appellant)

23/04/2015 Written submissions (Respondent)

29/04/2015 Reply

29/04/2015 Written submissions (Attorney-General for the State of Western Australia intervening)

05/05/2015 Written submissions (Attorney-General of the Commonwealth intervening)

06/05/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

05/08/2015 Judgment (Judgment summary)