Police v Smith, Mark Joseph [2015] NSWLC 18

Police v Smith, Mark Joseph [2015] NSWLC 18

The prosecution failed to prove beyond reasonable doubt that the accused was acting voluntarily at the time of driving, as there remains a reasonable possibility, albeit remote, that he was in a state of zolpidem-induced parasomnia (automatism), taking into account all the evidence, including admissible expert evidence, the prescribed nature of the medication, and the criminal standard of proof.

Jurisdiction
Australia
Judgment Date
29 September 2015
Procedural Posture
Criminal / Principal Judgment
Outcome
The accused is found not guilty of all charges.
Legal Topics
['drive With Mid Range Pca' 'motor Vehicle Offences' 'admissibility of Expert Evidence' 'zolpidem Intoxication' 'voluntariness' 'automatism']
['criminal Law'] ['drive With Mid Range Pca' 'motor Vehicle Offences' 'admissibility of Expert Evidence' 'zolpidem Intoxication' 'voluntariness' 'automatism']

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Procedural Posture

Criminal / Principal Judgment

Legal Issues

  1. 1 ['Whether evidence of zolpidem-induced parasomnia can support a defence of non-voluntariness (automatism) under the Crimes Act' 'Whether intoxication was self-induced for the purposes of s 428A and s 428G of the Crimes Act' "Whether Dr Moses' expert evidence is admissible under s 79 and/or should be excluded under s 135 of the Evidence Act" 'Whether the evidentiary burden for raising automatism has been discharged' 'Whether the automatism, if established, is sane or insane']

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused was acting voluntarily at the time of driving, as there remains a reasonable possibility, albeit remote, that he was in a state of zolpidem-induced parasomnia (automatism), taking into account all the evidence, including admissible expert evidence, the prescribed nature of the medication, and the criminal standard of proof.

Court Disposition

The accused is found not guilty of all charges.

Orders

  • []