Minear v Rudrum

Case [2001] WASCA 10


MINEAR -v- RUDRUM [2001] WASCA 10



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 10
Case No:SJA:1206/200019 JANUARY 2001
Coram:MILLER J31/01/01
15Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:DYLAN MICHEAL MINEAR
LEE DOUGLAS RUDRUM

Catchwords:

Criminal law
Road traffic offence
Cancellation of motor driver's licence by operation of law
Driver believing he could drive until licence collected
Whether mistake of fact or law
Application of s 24 of the Criminal Code

Legislation:

Criminal Code, s 22, s 24
Road Traffic Act 1974, s 45, s 49, s 51, s 62, s 102

Case References:

Brooks v Roberts, unreported; SCt of WA; Library No 970072; 17 February 1997
Denton v Bodycoat [2000] WASCA 424
Duffield v The Queen, unreported; CCA SCt of WA; Library No 950065; 14 February 1995
Egerton v Taylor, unreported; SCt of WA; Library No 960700; 28 November 1996
Illich v Young [2000] WASCA 383
McCaskie v Bagby, unreported; SCt of WA; Library No 1534; 18 April 1975
Ottobrino v Espinoza (1995) 14 WAR 373
Wroblewski v Starling [1987] WAR 233

Nobes v R, unreported; CCA SCt of WA; Library No 960486; 26 August 1996
Nutall v R, unreported; FCt SCt of WA; Library No 920090; 26 February 1992
Pilkington v R [1955] Tas SR 144

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : MINEAR -v- RUDRUM [2001] WASCA 10 CORAM : MILLER J HEARD : 19 JANUARY 2001 DELIVERED : 31 JANUARY 2001 FILE NO/S : SJA 1206 of 2000 BETWEEN : DYLAN MICHEAL MINEAR
    Appellant

    AND

    LEE DOUGLAS RUDRUM
    Respondent



Catchwords:

Criminal law - Road traffic offence - Cancellation of motor driver's licence by operation of law - Driver believing he could drive until licence collected - Whether mistake of fact or law - Application of s 24 of the Criminal Code




Legislation:

Criminal Code, s, 22, s 24


Road Traffic Act 1974, s 45, s 49, s 51, s 62, s 102


Result:

Appeal dismissed




(Page 2)

Representation:


Counsel:


    Appellant : Mr J R Criddle
    Respondent : Ms M J Garnett


Solicitors:

    Appellant : J R Criddle
    Respondent : State Crown Solicitor


Case(s) referred to in judgment(s):

Brooks v Roberts, unreported; SCt of WA; Library No 970072; 17 February 1997
Denton v Bodycoat [2000] WASCA 424
Duffield v The Queen, unreported; CCA SCt of WA; Library No 950065; 14 February 1995
Egerton v Taylor, unreported; SCt of WA; Library No 960700; 28 November 1996
Illich v Young [2000] WASCA 383
McCaskie v Bagby, unreported; SCt of WA; Library No 1534; 18 April 1975
Ottobrino v Espinoza (1995) 14 WAR 373
Wroblewski v Starling [1987] WAR 233

Case(s) also cited:



Nobes v R, unreported; CCA SCt of WA; Library No 960486; 26 August 1996
Nutall v R, unreported; FCt SCt of WA; Library No 920090; 26 February 1992
Pilkington v R [1955] Tas SR 144

(Page 3)

1 MILLER J : The appellant, who was…

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Minear v Rudrum [2001] WASCA 10
Case
[2001] WASCA 10
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CaseChat Overview and Summary

In Minear v Rudrum, the defendant Rudrum was charged with a road traffic offence after being caught driving while his licence was cancelled. Rudrum's argument was that he was unaware of the cancellation and believed he could continue driving until he collected his licence. The case reached the court on appeal, with Rudrum seeking to overturn his conviction on the basis of his belief that he was entitled to drive. The issue before the court was whether Rudrum's belief about the legal status of his driving licence constituted a valid defence under section 24 of the Criminal Code. This section allows for a defence where the accused was under a mistaken belief of fact, which negated the necessary mens rea for the offence.

The court examined whether Rudrum's belief was genuinely held and reasonable, and whether it could be considered a mistake of fact rather than law. The court noted that section 24 applies to mistakes of fact but not to mistakes of law, and that the onus was on Rudrum to prove his belief was genuine and reasonable. The court found that Rudrum's belief was not genuinely held, as he had been informed of the cancellation and had not made any effort to ascertain the status of his licence. Consequently, his defence failed under section 24. The appeal was dismissed, affirming Rudrum's conviction.

Orders

Orders of the court

Appeal dismissed

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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