Rooke v Auckland City Council - [1980] 1 NZLR 680

Evidence — Admissibility — Witness refreshing memory — Shortly before hearing, witness discussed his evidence with officers of the prosecuting authority — In witness box he gave evidence of seeing a car hit a parked car and drive away, and without reference to any document stated the car's registration number — Whether evidence admissible.

Transport and transport licensing — Driving with excess blood alcohol — Mens rea — Defendant had been painting in a confined space — Unknown to him, alcohol was a major component of the paint — Evidence was given that the excess percentage of alcohol in his blood was due to inhalation of fumes from the paint — Whether defendant entitled to be acquitted on a charge under s 58(1)(b) of the Transport Act 1962.