Thompson v Byrne

[1999] HCA 16
Judgment date
Case number
M106/1997
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Callinan JJ
Catchwords

Criminal law – Motor traffic offence – Prescribed concentration of alcohol – Breath samples furnished within 3 hours after driving exceeded prescribed limit – Later blood sample showing concentration of alcohol within prescribed limit – Whether offence committed – Proper interpretation of s 49(1)(f) of the Road Safety Act 1986 (Vic).

Precedent – Stare decisis – High Court – Whether Mills v Meeking (1990) 169 CLR 214 should be reconsidered.

Mills v Meeking (1990) 169 CLR 214.

Road Safety Act 1986 (Vic), s 49(1)(f).