offence with such a reference to time and place as identifies those acts.
205 Hampel J expressed a view at 147 that an information must state the nature of the alleged offence, as well as when and where it is alleged to have been committed. In his Honour's view, given the mobile nature of breathalyser testing st ations, being in ignorance of the place where the alleged offence was said to have been committed could well have prejudiced the appellant's defence.
206 There are two reasons why the decision of Hampel J in Goodman does not assist in the resolution of any issue in this case.
207 First, Goodman was a case concerned with the proper exercise of a power to allow an amendment to an information. Hampel J's consideration turned on the "peculiar facts" and "particular context" of that case, as his Honour explained at 147. Hampel J's conclusion, more implicit than expressed in his Honour's reasons, that the failure to identify the place of the alleged offence was a "fundamental defect" outside the terms of s 50 turned on the particular features of the offence in question. I note in passing that the decision in Goodman occurred prior to a discernible condemnation by the Victorian Court of Appeal of the taking of technical points in drink-driving cases: see the opening remarks of Brooking JA in Sher v Director of Public Prosecutions (Vic) [2001] VSCA 110; 34 MVR 153 at [1]–[2] and the law reporter's response at 154–5.
208 Secondly, and more importantly, the Victorian Court of Appeal has cast doubt on the correctness of Goodman, and in particular the proposition cited by X Corp. In Gigante v Hickson [2001] VSCA 4; 3 VR 296, which I observe was not cited by either of the parties, Batt JA (with whom Tadgell JA and Callaway JA agreed) said at [19] in relation to Hampel J's decision in Goodman –
Hampel J held that the magistrate erred in allowing an amendment to insert the place. His Honour's decision can be upheld as turning on discretionary considerations. But in addition his Honour agreed "with the view expressed in Kerr v Hannon that an information must state … where [the offence] is alleged to have been committed and concluded that the omission of the place did not constitute a defect or error within the ambit of s 50. As is apparent from what I have already said, in my view neither of those propositions is correct.
(Citations omitted.)
209 Ultimately, Goodman has nothing to say about the issue that is before the Court on this application. Even concerning the requirements that were to be satisfied by an information under the laws governing summary offences in Victoria at that time, Goodman is doubtful authority.
