Mills v Meeking

169 CLR 214
91 ALR 16

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(Judgment by: Brennan J)

Between: Mills
And: Meeking

Court:

Judges: Mason CJ

Brennan J.Dawson J.
Toohey J.
McHugh J.

Subject References:
Criminal Law

Hearing date: 10 November 1989
Judgment date: 27 February 1990

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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.