McFarlane v Police

[2014] SASCFC 111

South Australia Full Court

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Interrogate

Catchwords

1. Appeal
2. › Permission to appeal
3. › Full Court of Supreme Court
4. › Whether permission should be granted
5. › Whether earlier Full Court decision wrongly decided or no longer good law
1. Criminal Law
2. › Regulatory offences
3. › Absolute liability
4. › Driving unregistered motor vehicle
5. › Driving uninsured motor vehicle
6. › Whether defence of honest and reasonable mistake of fact available
7. › Whether statutory defences cover the field
8. › Motor Vehicles Act 1959 (SA), ss 9, 102
1. Appeal
2. › Fresh evidence
3. › Whether fresh evidence should be admitted
4. › Whether evidence relevant where defence not available

Quick Take

The offences of driving an unregistered or uninsured motor vehicle under ss 9 and 102 of the Motor Vehicles Act 1959 (SA) remain offences of absolute liability following the abolition of registration labels. The statutory defences now provided in those sections cover the field, excluding the common law defence of honest and reasonable mistake of fact ([name withheld] v [name withheld]).

Case Details

Citation[2014] SASCFC 111

CourtSASCFC

JurisdictionSouth Australia

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Relies on2

1941Proudman v DaymanHCA 28
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