Alisdair Bruce Aylwin v New Zealand Police - SC 33/2008
Media releases
Summary
Criminal – appeal by way of case stated – whether, on a charge of driving with excess breath alcohol, evidence must be given by the prosecution as to the manner in which the breath screening and/or evidential breath tests were carried out – whether the principle of omnia praesumuntur operates to place an evidentiary burden on the defence to raise this question.[2008] NZCA 154 CA 227/07 6 June 2008
Result
Application for leave to appeal granted.
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
Hearing Transcripts
Related Documents
Leave judgment - leave granted — AYLWIN v R SC 33/2008 [29 July 2008] (PDF 14 KB)
Substantive judgment — AYLWIN v NEW ZEALAND POLICE SC 33/2008 [19 December 2008] (PDF 38 KB)