Lisa Sara Giachin v Benjamin Sandon

Lisa Sara Giachin has appealed against her conviction for driving a motor vehicle on a public street while the concentration of alcohol in her blood was equal to or more than the prescribed concentration within a specified period after having driven, pursuant to s 328(1)(a) of the Road Traffic Act 1974 (Tas). The appeal was heard in the Court of Criminal Appeal of Tasmania. The appellant was convicted following a plea of guilty in the Magistrates Court of Tasmania. The appeal was against the conviction only.

The central legal issue was whether the offence under s 328(1)(a) of the Road Traffic Act 1974 (Tas) is one of strict or absolute liability, and if not, whether an honest and reasonable belief in the innocence of the act was a defence. The court considered whether the appellant could have reasonably believed that her act was innocent due to a mistaken belief about the quantity of alcohol consumed or her blood alcohol level. The court examined the circumstances in which such a belief might be reasonable and whether the appellant had a reasonable belief about her likely blood alcohol level if tested within two hours after ceasing to drive.

The Court of Criminal Appeal dismissed the appeal, holding that the offence under s 328(1)(a) of the Road Traffic Act 1974 (Tas) is one of strict liability. The court found that an honest and reasonable belief in the innocence of the act was not a defence to the offence. There was no evidence that the appellant had a reasonable belief about her likely blood alcohol level if tested within two hours after ceasing to drive, and a mistaken belief about the quantity of alcohol consumed might not necessarily be reasonable. The court concluded that the appellant's belief, if any, was not honest and reasonable. The appeal was dismissed, and the parties were to be heard as to any further orders required.