In prosecutions for mass requirement breaches under the Road Transport (General) Act 2005 (NSW), the prosecution is not obliged to particularise in the charge or in advance of the hearing the reasonable steps the defendant should have taken under s 87, because those steps relate to the defence, not the elements of the offence. Kirk v Industrial Court (NSW) is confined to cases where the actus reus of the offence itself is inadequately particularised. A finding that a defendant failed to take all reasonable steps under s 87(1)(b) is a finding of fact not susceptible to appeal on a question of law alone under s 52 of the Crimes (Appeal and Review) Act 2001 (NSW).
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