The Court of Appeal has reversed a High Court decision allowing a drink-driver's appeal against paying the medical expenses of a blood test.
The case followed the conviction and sentence of Leroy John Barr for drink-driving in Christchurch District Court in March last year.
Barr was disqualified from driving for six months, and ordered to pay a $600 fine, along with court costs of $130, medical expenses of $102.60 and an analysis fee of $93.
He appealed against the $102.60 medical fee incurred by police when he exercised his right to have a blood sample taken by a doctor.
His appeal to the High Court was upheld.
Justice Jill French examined a number of statutory provisions which the police argued might justify the order, but found that none of them did, and quashed the order.
But she granted leave for police to appeal her decision and the Court of Appeal has reversed it after a hearing in late January.
In a decision issued today, the Court of Appeal held that the District Court did have jurisdiction to order the payment of the medical fee under the Costs in Criminal Cases Act 1967 and the Costs in Criminal Cases Regulations 1987.
