Police v Tenzin

Police v Tenzin involved a defendant charged with driving whilst his license was suspended. The case was heard in the Magistrates' Court of Victoria. The dispute centred on whether the defendant's belief that his license was valid constituted a valid defence against the strict liability offence. The defendant claimed that he had an honest and reasonable mistake regarding the validity of his license, which he attributed to his belief that he had received proper notice of the suspension.

The court needed to determine whether an honest and reasonable mistake could serve as a defence in a strict liability offence, particularly regarding the validity of a driving license suspension. Additionally, it had to consider whether a mistake of law could be considered honest and reasonable, as opposed to a mistake of fact, and whether the presumption of delivery of the suspension notice could be rebutted.

The court held that, in a strict liability offence, the defence of honest and reasonable mistake was not available. It distinguished between a mistake of law and a mistake of fact, finding that the former could not be considered reasonable. Furthermore, the presumption of the delivery of the suspension notice could not be rebutted without substantial evidence. Consequently, the defendant's belief that he had not received proper notice did not provide a valid defence. The court found the defendant guilty of the offence charged.