District Court
New South Wales
Medium Neutral Citation: Chandiran v R [2022] NSWDC 576 Hearing dates: 12 October 2022 Date of orders: 22 November 2022 Decision date: 22 November 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Appeal allowed.
(2) I set aside the conviction and the penalty imposed by the magistrate.
Catchwords: CRIME – criminal liability – absolute liability – strict liability – availability of defence of honest and reasonable mistake of fact
TRAFFIC LAW AND TRANSPORT – traffic law – offences – liability for offences – drive with a prescribed illicit drug in oral fluid
Legislation Cited: Road Transport Act 2013
Cases Cited: Beattie v Potts [2015] ACTSC 350
Director of Public Prosecution v Bone (2005) 64 NSWLR 735
Category: Principal judgment Parties: Niteshwaran Chandiran (Appellant)
Rex (Crown)Representation: Counsel:
Solicitors:
B Green (Appellant)
Swan and Associates (Appellant)
Office of Director of Public Prosecutions (Crown)
File Number(s): 2022/185833 Publication restriction: None Decision under appeal
- Court or tribunal:
- Newtown Local Court
- Jurisdiction:
- Local Court
- Date of Decision:
- 8 June 2022
- Before:
- Acting Magistrate M Price
JUDGMENT
Introduction
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On 8 June 2022, Niteshwaran Chandiran (the appellant) was convicted of an offence of driving a motor vehicle with an illicit drug, cocaine, present in his oral fluid contrary to s 111(1)(a) Road Transport Act 2013. The appellant brings this appeal as of right against the conviction.
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The appellant represented himself in the Local Court but was represented by counsel on the appeal.
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On 13 March 2021, the appellant was driving a motor vehicle when he was stopped for the purpose of a random breath test. After the random breath test returned a negative result, he was subjected to an oral fluid drug test. The roadside test registered a positive detection for cocaine. He was taken to Petersham Police Station to undergo a secondary oral fluid screening test, which returned a negative result. A portion of the sample was sent to the NSW Forensic and Analytical Science Service (FASS) for analysis. The analyst reported that the sample indicated the presence of cocaine.
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On the night, the appellant told the police officer Senior Constable Conlon, that he had not used any illicit drugs. In the Local Court, the appellant gave evidence that he had never used cocaine.
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The magistrate in his judgment recorded the appellant’s categorical denial of using any illicit drugs. The magistrate made positive findings about the appellant’s evidence, to the effect that he was left with little doubt about the sincerity of the appellant’s evidence and that the overwhelming impression was that the appellant presented positively in his sworn account.
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In this Court, the appellant contended that he was entitled to rely on the defence of honest and reasonable mistake of fact that he did not have cocaine in his system when he was driving on 13 March 2021 because he had never used…
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- AGLC
- Chandiran v The The King [2022] NSWDC 576
- Case
- [2022] NSWDC 576
- Decision Date
CaseChat Overview and Summary
The court examined the statutory language and the principles of statutory interpretation to determine the availability of the defence. It held that the statutory provisions did not explicitly exclude the defence of honest and reasonable mistake of fact. Given that absolute liability offences are an exception to the general rule that mens rea is a requirement for criminal liability, the court concluded that the defence could be available unless there was clear legislative intent to exclude it. The court found no such intent in the statutes in question.
As a result, the court allowed the appeal, set aside the conviction and the penalty imposed by the magistrate, and quashed the conviction. The decision underscores the importance of statutory interpretation in determining the availability of defences in cases involving absolute liability.
Orders
Orders of the court
(1) Appeal allowed.
(2) I set aside the conviction and the penalty imposed by the magistrate.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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