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Tran v Stapleton [2021] ACTSC 1 — Criminal Law & Admissibility — Barrister AI

Tran v Stapleton

[2021] ACTSC 1

Supreme Court of the ACT

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Interrogate

Catchwords

1. Appeal
2. › CRIMINAL LAW
3. › Appeal from the Magistrates Court
4. › appeal against finding of guilt
5. › drive while prescribed drug in oral fluid
6. › finding dependent on decision to dismiss application to exclude evidence
7. › factual finding challenged
8. › appeal allowed
9. › finding of guilt overturned
1. Evidence
2. › ADMISSIBILITY
3. › roadside drug screening
4. › section 138 of Evidence Act 2011 (ACT)
5. › whether section 13A(3) of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) was complied with
6. › whether officer formed requisite state of mind
7. › where credibility of officers questioned
8. › whether discretion should be exercised
9. › application to exclude evidence successful

Case Details

Citation[2021] ACTSC 1

CourtACTSC

JurisdictionAustralian Capital Territory

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Cited by3

2025Chol v HughesACTSC 547
2025Chol v FrickACTSC 316
2021R v M C-N; R v AndyACTSC 129

Relies on32

2018R v JohnsonACTSC 242
2018RRG Nominees Pty Ltd v Visible Temporary Fencing Australia Pty Ltd (No 3)FCA 404
2018Greenwood v BarleeACTSC 46
2017Faris v CoulonACTSC 114
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