The Court of Appeal dismissed the appeal against conviction and refused leave to appeal against sentence. The Court held that where an applicant voluntarily pleaded guilty while represented by counsel, admitted to drinking over a substantial period, and the analyst's certificate under s 16A of the Traffic Act was tendered without challenge, there was no real suggestion of a miscarriage of justice warranting vacation of the guilty plea. A sentence of four years' imprisonment with parole eligibility after 15 months for dangerous operation of a motor vehicle causing death with a BAC exceeding .150 was not excessive, given the maximum penalty of 14 years and the applicant's prior drink driving convictions and suspended sentence.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.