DPP v BONE [2005] NSWSC 1239

DPP v BONE [2005] NSWSC 1239

Section 9(3) of the Road Transport (Safety and Traffic Management) Act 1999 does not create an absolute offence. The defence of honest and reasonable mistake of fact was available where Mr Bone's drinks were spiked without his knowledge. The mere possibility that, on the facts he believed, he may have had a low range PCA did not preclude the defence, because there was no evidence from which it could be inferred that, absent the vodka, he would have had a low range PCA when driving. The Magistrate was therefore entitled to dismiss the charge because the prosecution had not disproved the defence.

Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Appeal Under S 56 of the Crimes (local Courts Appeal and Review) Act 2001 on a Pure Question of Law From Dismissal of a Middle Range PCA Charge in the Local Court / Appeal to the Supreme Court of New South Wales, Common Law Division
Outcome
Appeal dismissed with costs.
Legal Topics
['middle Range Prescribed Concentration of Alcohol' 'strict and Absolute Liability' 'honest and Reasonable Mistake of Fact' 'spiked Drink' 'local Court Appeal on Question of Law']
['criminal Law' 'road Traffic Law'] ['middle Range Prescribed Concentration of Alcohol' 'strict and Absolute Liability' 'honest and Reasonable Mistake of Fact' 'spiked Drink' 'local Court Appeal on Question of Law']

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Procedural Posture

Appeal Under S 56 of the Crimes (local Courts Appeal and Review) Act 2001 on a Pure Question of Law From Dismissal of a Middle Range PCA Charge in the Local Court / Appeal to the Supreme Court of New South Wales, Common Law Division

Legal Issues

  1. 1 ['Whether an offence contrary to s 9(3) of the Road Transport (Safety and Traffic Management) Act 1999 is an absolute offence.' "Whether the defence of honest and reasonable mistake of fact was available where the defendant's drinks were spiked without his knowledge." 'Whether the defence was unavailable because the defendant may have been guilty of a low range PCA offence if the facts he believed were true.' 'Whether there was evidence that, absent the vodka, the defendant would have had the low range prescribed concentration of alcohol in his blood.']

Ratio Decidendi

Section 9(3) of the Road Transport (Safety and Traffic Management) Act 1999 does not create an absolute offence. The defence of honest and reasonable mistake of fact was available where Mr Bone's drinks were spiked without his knowledge. The mere possibility that, on the facts he believed, he may have had a low range PCA did not preclude the defence, because there was no evidence from which it could be inferred that, absent the vodka, he would have had a low range PCA when driving. The Magistrate was therefore entitled to dismiss the charge because the prosecution had not disproved the defence.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']