NSW Police v Snow [2017] NSWLC 2

NSW Police v Snow [2017] NSWLC 2

The prosecution disproved the defence of honest and reasonable mistake of fact, as the defendant knew he may still have cannabis in his system and chose to drive regardless. The evidence did not support an honest and reasonable belief that he was free from detectable THC at the time of offending. The expert evidence was in conflict but the onus remained on the prosecution, which they discharged by demonstrating the defendant did not hold the requisite honest and reasonable belief.

Jurisdiction
Australia
Judgment Date
09 February 2017
Procedural Posture
Criminal / Conviction After Contested Hearing
Outcome
Defendant convicted
Legal Topics
['driving With Illicit Drug Present' 'honest and Reasonable Mistake of Fact' 'expert Evidence']
['criminal Law'] ['driving With Illicit Drug Present' 'honest and Reasonable Mistake of Fact' 'expert Evidence']

Case Brief

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Procedural Posture

Criminal / Conviction After Contested Hearing

Legal Issues

  1. 1 ['Whether the defence of honest and reasonable mistake of fact applies to s 111, Road Transport Act 2013' 'Whether the defendant honestly and reasonably believed no cannabis was present at a detectable level in his system when driving']

Ratio Decidendi

The prosecution disproved the defence of honest and reasonable mistake of fact, as the defendant knew he may still have cannabis in his system and chose to drive regardless. The evidence did not support an honest and reasonable belief that he was free from detectable THC at the time of offending. The expert evidence was in conflict but the onus remained on the prosecution, which they discharged by demonstrating the defendant did not hold the requisite honest and reasonable belief.

Court Disposition

Defendant convicted

Orders

  • ['The defendant is convicted of each offence']