The offence under s 56(2) of the Road Safety Act 1986 (Vic) of failing to allow a doctor to take a blood sample requires proof that the failure was conscious and voluntary. Where voluntariness is raised as a fact in issue, the prosecution must prove it beyond reasonable doubt. A person who is incapable of conscious or voluntary action due to injury (such as a severe head injury) cannot be convicted of the offence. The question of whether s 56(2) creates a strict or absolute liability offence remains open.
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