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High Court, in answer to a case stated from the District Court determines that the District Court had been incorrect in determining that the burden of proof had shifted to the prosecution to establish that a blood test arising from a driving checkpoint on 24 January 2019 had been carried out 'as soon as practicable', where the the test showing that it was positive for cannabis was not returned until 22 March of that year.
Criminal law - case stated from District Court - s.52(1) of the Courts (Supplemental Provisions) Act 1961 - alleged failure to analyse drugs as soon as practicable - whether doubt cast on presumption in section - whether onus shifted to prosecution to establish that presumption had been rebutted - whether real risk to defendant - checkpoint - test for drug driving - oral fluid specimen - positive for cannabis - blood sample taken on day of stop on 24 January 2019 - delivered to Medical Bureau of Road Safety - certificate received on 22 March 2019 confirming positive test for cannabis.
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