Roy v O’Neill [2020] HCA 45

Facts: There was a domestic violence order (DVO) restraining Ms Roy from being in the company of Mr Johnson, or at a place where he lived, when she was consuming alcohol. A constable visited Mr Johnson’s home (unit in a public housing complex) to do a welfare check. The constable entered the complex from the footpath, walked to the door, knocked on the fly screen door and, looking in, saw Ms Roy. Ms Roy displayed signs of intoxication. The constable required Ms Roy to provide a breath test and Ms Roy complied. It was a positive reading for alcohol which was used against her in breach of DVO proceedings. However, at trial, this evidence was objected to. 

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