Mills v Meeking
169 CLR 21491 ALR 16
(Judgment by: Brennan J)
Between: Mills
And: Meeking
Judges:
Mason CJ
Brennan J.Dawson J.
Toohey J.
McHugh J.
Subject References:
Criminal Law
Judgment date: 27 February 1990
Judgment by:
Brennan J
BRENNAN J I agree with the construction placed upon s 49(1)(f) of the Road Safety Act 1986 (Vict.) by Mason CJ and Toohey J. As the facts alleged against the appellant would, if proved, establish a prima facie case of an offence under s 49(1)(f), and as there is nothing to suggest that the charge was preferred for any purpose other than the application of s 49(1)(f) to the facts of the case, there is no abuse of process in prosecuting the appellant on that charge. I refer without repeating to what I said on abuse of criminal process in Jago v. District Court of New South Wales (1989) 63 ALJR 640; 87 ALR 577 .
For these reasons I agree with the joint judgment of Mason CJ and Toohey J. that the appeal should be dismissed.