Strict Liability Offences
Certain offences do not require prosecution to prove the requisite mental element. The prosecution must only prove, beyond reasonable doubt, that the accused committed the physical act that constitutes the offence.
Strict liability offences are typically driving offences.
If you have been charged with a strict liability offence, it does not mean it is the end; there may be a defence of honest and reasonable mistake of fact.
Defence of Honest and Reasonable Mistake of Fact
This defence can arise if the accused committed the physical act that amounts to the offence, but acted due to a mistake of belief about certain facts and the belief was honest and reasonable.
Elements of Honest and Reasonable Mistake Defence
The burden of proof rests on the accused.
The accused must prove the following elements:
Element 1: The Mistake Must be Honest (Subjective Test)
The accused must show that they genuinely believed certain facts at the time of the offence.
Element 2: The Mistake Must be Reasonable (Objective Test)
The belief the accused had must be reasonable in their circumstances.
The court will consider:
- Whether the accused’s belief was rational;
- The circumstances of the accused;
- The facts available to the accused at that time
Element 3: The Mistake was about Fact, not Law
This defence cannot apply if the accused misunderstood or failed to consider the law.
Legal Advice
If you have been charged with a strict liability offence, it is important to seek legal advice.
At Jay & Co, we specialise in motor vehicle offences and can assist you in your matter.
Please do not hesitate to contact us if you require legal assistance.
