R v Narouz

[2024] NSWCCA 14

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Statutory offences
3. › Absolute liability
4. › Whether offence of driving with prescribed illicit drug present in oral fluid is offence of absolute or strict liability
5. › Whether defence of honest and reasonable mistake of fact available
6. › Road Transport Act 2013 (NSW), s 111(1)
1. Criminal Law
2. › Statutory interpretation
3. › Displacement of presumption of mens rea
4. › Factors relevant to classification of offence as absolute or strict liability
5. › Language, context and structure of provision
6. › Nature of penalty
7. › Public welfare legislation
8. › Road Transport Act 2013 (NSW), s 111

Quick Take

The offence of driving with a prescribed illicit drug present in oral fluid, blood or urine under s 111(1) of the Road Transport Act 2013 (NSW) is one of absolute liability, and the defence of honest and reasonable mistake of fact is not available.