Laurent v Pothan

[2026] WASCA 16

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal from single judge of intermediate appeal court
4. › Scope of appellate review
5. › Whether single judge erred or miscarriage of justice occasioned
6. › Criminal Appeals Act 2004 (WA), pt 2 div 3
1. Criminal Law
2. › Road traffic offences
3. › Seatbelt offences
4. › Duty of driver to ensure passenger wearing seatbelt
5. › Meaning of 'must ensure'
6. › Whether obligation to guarantee compliance or merely take reasonable steps
7. › Road Traffic Code 2000 (WA), reg 233(3)
1. Criminal Law
2. › Defences
3. › Honest and reasonable mistake of fact
4. › Whether defence available for regulatory offence under Road Traffic Code
5. › Whether belief in non-existent vehicle alarm was honest and reasonable
6. › Criminal Code (WA), s 24
1. Criminal Law
2. › Defences
3. › Emergency
4. › Whether passenger removing seatbelt to search for cigarette constituted emergency
5. › Criminal Code (WA), s 25

Quick Take

Under reg 233(3) of the Road Traffic Code 2000 (WA), the driver's obligation is to guarantee the passenger is wearing a seatbelt, not merely to take reasonable steps; reliance on vehicle alarms or failure to check mirrors will not satisfy this duty.